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Gunn v. Union Railroad Co.

Supreme Court of Rhode Island. PROVIDENCE
May 7, 1902
52 A. 804 (R.I. 1902)

Opinion

May 7, 1902.

PRESENT: Stiness, C.J., Tillinghast and Rogers, JJ.

(1) New Trial. Where a question has once been heard and determined by the Appellate Division upon a petition for a new trial, the same question cannot be brought a second time as a ground for a new trial.

TRESPASS ON THE CASE for negligence. After decision rendered in 23 R.I. 289, the plaintiff again moved for judgment on the verdict. Heard on petition of plaintiff for new trial, and petition dismissed.

Charles E. Gorman, for plaintiff.

David S. Baker, for defendant.


The plaintiff's petition for a new trial, on his motion made for a second time in the Common Pleas Division for judgment on the verdict, is not properly before the court. In this case — 23 R.I. 289 — the same question was heard and determined by the full court, in which the court decided: "The plaintiff's motion that this Division dismiss the defendant's petition for a new trial and direct the Common Pleas Division to enter judgment on the verdict of the jury in this action, is denied."

This very question, having been once heard and determined, cannot be brought a second time as a ground for a new trial.

Petition dismissed.


Summaries of

Gunn v. Union Railroad Co.

Supreme Court of Rhode Island. PROVIDENCE
May 7, 1902
52 A. 804 (R.I. 1902)
Case details for

Gunn v. Union Railroad Co.

Case Details

Full title:THOMAS GUNN vs. UNION RAILROAD COMPANY

Court:Supreme Court of Rhode Island. PROVIDENCE

Date published: May 7, 1902

Citations

52 A. 804 (R.I. 1902)
52 A. 804