Market Street Railway Co. v. George

DO CLING, J., pro tem.

Appeal from an order granting plaintiffs a new trial after verdict and judgment for defendants. Respondent Harris sued to recover for personal injuries alleged to have been negligently inflicted by defendants. Respondent Market Street Railway Company having paid compensation to Harris for his injuries under the Workmen’s Compensation Act brought a separate action under the statutory subrogation. The two actions were consolidated for trial and tried together before the same jury.

The motion for new trial was granted on the ground of insufficiency of the evidence and we…