Keep v. Indianapolis & St. Louis R.
U.S. Circuit Court for the District of Eastern Missouri
Motions for a New Trial. Separate judgments having been rendered against each of them, both of the defendants in the above-entitled causes move for a new trial. The motion of the Union Railway & Transit Company assigned as error: (1) That the verdict is unsupported by the evidence, but is contrary thereto, and is against the evidence and the weight of evidence. (2) That the verdict is for the plaintiff, whereas it ought to have been for the defendant.
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Motions for a New Trial. Separate judgments having been rendered against each of them, both of the defendants in the above-entitled causes move for a new trial. The motion of the Union Railway & Transit Company assigned as error: (1) That the verdict is unsupported by the evidence, but is contrary thereto, and is against the evidence and the weight of evidence. (2) That the verdict is for the plaintiff, whereas it ought to have been for the defendant. (3) That the court erred in refusing- to give the instructions asked by defendant at the close of plaintiff’s case. (4) That the court erred in…
1Opinion of the Court
Tkeax, I). J.
At the calling of these cases they were consolidated for purposes of trial — that is, the court ordered that they should bo tried at the same time, before the same jury; yet each case to be treated as distinct, and requiring a separate verdict. Such has been the uniform practice of this court for a quarter of a century, commencing with the administration of Justice Catron, of the supreme court, (Wells and Treat, associated,) to the present time. Such practice was based on the act of July 22, 1813, (now section 921, Rev. St.,) which is as follows:
“When causes of a like nature or…
2Cases cited1 opinion
- Holmes v. SheridanU.S. Circuit Court for the District of Kansas · 1870
3Cited by10 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Clark v. KimnachSupreme Court of Virginia · 1957
- Giguere v. Yellow Cab Co.Supreme Court of Rhode Island · 1937
- Kight v. American Eagle Fire Insurance Co. of New YorkSupreme Court of Florida · 1936
- Turner v. Standard Ice & Fuel Co.Court of Appeals for the Eighth Circuit · 1923
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