CLAY, Commissioner.
Appellant defendant's freight train struck and damaged a power shovel owned by plaintiff appellee at a railroad crossing. The jury awarded plaintiff $15,000. On this appeal the principal contentions are: (1) the defendant was entitled to a directed verdict, and (2) it was entitled to a new trial because of newly discovered evidence.
The accident happened when the plaintiff's employee was in the process of moving a 33 ton power shovel, propelled...
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