Wheat v. Denver & R. G. W. R. Co.

CROCKETT, Justice.

A coal chute which plaintiff Wheat was lowering to load the tender (coal compartment) of one of defendant’s engines suddenly fell, injuring him. A jury awarded him damages of $17,000. In response to defendant’s motion for a new trial, the trial court gave plaintiff the option of having one or of taking a reduction of the verdict of $10,000. Plaintiff accepted the latter alternative.

Defendant contends that a new trial should have been granted unconditionally because the jury’s verdict was the result of passion and prejudice, and that the action of the trial judge indicates…