Illinois Central R. R. v. Harrison

This case was tried twice. The first trial resalted in a jnry verdict and jndgment for defendant, appellant here. On motion for new trial, the circnit jadge set aside the judgment and granted a new trial. The second trial resalted in a jnry verdict and judgment for the plaintiff, appellee here, for damages to appellee’s track. Appellant was granted a special bill of exceptions, to which was attached as an exhibit the entire proceedings and transcript of the first trial. It is conceded by both parties that the evidence on the two trials was sabstan*334tially the same. The question is whether the…