Walker v. St. Louis-San Francisco Ry. Co.

The plaintiff recovered a- judgment in the court below, and the trial court granted defendant’s motion for a new trial, and the plaintiff appeals.

It is well settled that, when the trial court grants a motion for a new trial, the same inferences and presumptions in favor of his action in doing so are indulged as would be in case he refused a motion for new trial, and this is so whether he assigns the proper reason for doing so or not.

It is settled law by the decisions of a majority of the states as well as the United States Supreme Court that, when the master is sued jointly with his servant…