Opinion
December, 1903.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event, upon questions of law and of fact. Held, that under the circumstances of this case, the conduct of the jury awarding damages against the receiver of the railroad company for the assault complained of at the same time that it found a verdict in favor of the defendant Mullin, who was concededly the chief offender in any assault committed, was so inconsistent as to indicate the controlling presence of prejudice, passion or misunderstanding, and that the interests of justice require a new trial. All concurred.