Ogden Daily Standard | 1916-10-24 | Page 2 | New Trial is Asked in Case of Dunn Vs. S. P

H TIL IS ASKED IN CASE OF DDI IS. S. F. A motion for a new trial of the suit of H. W. Dunn against the Southern Pacific Railway company and T. F. Rowlands, who is superintendent superin-tendent of the Salt Lake division of the railway system, has been filed in the district court by the defendant company's counsel made up of George H. Smith. Charles R. Hol-lingsworth Hol-lingsworth and Baldwin Robertson. The new trial is asked for on several sev-eral reasons advanced, among them being newly discovered evidence, excessive ex-cessive damages, insufficient evidence evi-dence for cause of action and errors in law. The case was recently tried before Judge J. A. Howell. The jury returned return-ed a verdict for the plaintiff giving him $865 damages and $71.70 interest. In his complaint, the plaintiff asked damages in the sum of $2066 for Injuries In-juries to a cargo of horses on October 4, 1914, when they were in transit from Mendell, Calif., to the' markets in East SL Louis. At the time, the horses were on the line between the points of Carlin and Montello, Nev. The plaintiff alleged that the horse cargo, valued at $8000, was injured through being jostled about in the cars and attributed the same to carelessness, care-lessness, negligence and incompetence incompe-tence on the part of the train crew.