Walsh v. Butte, Anaconda & Pacific Ry. Co.

This is an action by the administratrix for damages for the death of William E. Stevens, alleged to have been caused by the negligent acts and omissions of defendant. The jury found for plaintiff in the sum of $37,500. Defendant filed a motion for new trial on all the statutory grounds. The motion was granted by a general order giving no intimation as to what particular ground or grounds furnished the basis for the order. One óí the grounds of the motion was newly discovered evidence, but since no affidavits were offered showing any new evidence, that , ground of the motion was, in effect,…