Buckeye Irrigation Co. v. Askren

This is an action by the personal representative of the estate of Carl Askren for damages on account of his death, alleged to have been caused by and through the negligence of the defendant, Buckeye Irrigation Company. Under an agreement of the parties, a jury was waived and the case was tried before the court, two Judges, Honorable M. T. PHELPS and Honorable J. C. NILES, sitting. The issues upon the trial were decided in favor of the defendant, and thereafter plaintiff made a motion for a new trial. From an order granting this motion, the defendant has appealed.

The grounds of the motion for…