Witt v. Lexington & Eastern Railway Co.

Opinion of the Court by

Judge Carroll

Affirming.

This common law action went to trial before a jury, and upon the conclusion of the evidence for the appellant, who was plaintiff below, the court directed a verdict for the defendant, now appellee. Thereafter, on September 12th, a judgment was entered dismissing the petition, and this appeal prosecuted. On September 16th the plaintiff filed his motion and grounds for a new trial, which was overruled on the same day.

The first question raised is that as the motion for a new trial was not made or filed in time, this court will not consider the…