Show OTHER OPINIONS Joseph Krantz Will Now Collect His 4OOO Judgment Joseph Krantz plaintiff and appel lat vs the Rio Grande Western Rail way company The judgment of the lower court denying a new trial on the first count was affirmed and the lower court granting the defendant and respondent a new trial on the second count was reversed and the case remanded manded with instructions to reinstate the judgment The opinion was by Judge Smith and was concurred in by Judges Bartcb and King The action was brought against the defendant company for damages for persona Injuries received while a passenger pas-senger on the companys train or intending I tending to become one The complaint I charges the respondent in two counts with assaults committed by the ser I vant of the respondent and two others upon appellant at the station of Lower Low-er Crossing The first count charges that as plaintiff alighted at this sta ton he was assaulted by the section foreman and the second count charges that plaintiff afterwards returned to the station to purchase a ticket when he was again assaulted by the section foreman and two other persons Damages Dam-ages were asked in the sum of 5000 on each count The answer of the defendant de-fendant was a specific denial of the allegations On the trial of the case the jury returned re-turned a verdict in favor of the defendant de-fendant on the first cause of action and for the plaintiff in the second assessing I sessing the damages at 4000 A new trial on the first count wa denied appellant but was granted respondent on the second count From each order or-der and judgment the plaintiff appealed ap-pealed |