Show NEW NW TRIAL T STANDS STAS Railway Notion Motion Sustained By Dy the Court Cour The ruling of the district court in the case of Smidt vs the Rio i Grande Western Vestern Railway company i granting defendants motion moton for a 0 new nev trial was affirmed afred yesterday by the supreme court The opinion was vas writ written written written ten by District Distrct Judge Hart and con concurred concurred concurred In by Supreme Justices Baskin Bakin and BartCh Bar h The action acton came before the supreme court on a petition petton for a writ of certiorari certiorari against Judge Cherry former judge of the district distrct court cour the plain plaintiff plaintiff tiff tf and appellant citing that the rail railroad rai railrOad road r ad motion moton for a new trial of the cause wherein he had obtained a judgment against the defendant defenda t com corn company company pany for personal injuries had been granted after the time allowed by the statute for passing upon such sucha a motion moton To the satisfaction of the ap appellate court however it was wa shown that the delays in passing assing upon the mo motion motion I tion ton were due to the requests request of the thel petitioners attorney and that counsel counsell for the railway company had ha merely i accommodated ted Smidt by consenting to I Ithe the delays delas For this reason the appel appellate appellate i late court held that plaintiff could not I now claim any advantage from the judgment granting the motion moton for a anew anew anew I new trial because it had not been made within thet statutory time |