Schlag v. Chicago, Milwaukee & St. Paul Railway Co.

This is an appeal from an order setting aside a verdict in favor of the defendant and granting a new trial. The circuit judge filed an opinion in which he gave the following reasons for setting the verdict aside:

“The record presents the unusual situation of witnesses directly contradicting their own sworn testimony taken but a short time before the trial with reference to matters which were equally within their knowledge at both times when they were on oath. The record shows no satisfactory explanation of their complete and deliberate contradiction of themselves:

“The plaintiff had a right to…