Clark v. Great Northern Railway Co.

Citations

• 37 Wash. 537
• 79 P. 1108
• 1905 Wash. LEXIS 766

Syllabus

<p>Carriers — Removal of Trespassers From Train- — Force Necessary — Resistance. In removing trespassers from a train, the employees may use such force as appears reasonably necessary, and where forcible resistance is offered, the jury should not weigh with too much nicety the force resorted to.</p> <p>New Trial — Insufficiency of Evidence to Support Verdict— Exercise of Discretion by Trial Judge. When the trial judge is satisfied that the verdict is against the weight of the evidence, and that substantial justice has not been done, it is his duty to grant a new trial, the rules governing the trial and appellate courts being wholly different; and where the trial judge denies a new trial after expressing an opinion at variance with the ruling, he fails to properly exercise his discretion, and the ruling will be reversed on appeal.</p>