Southern Pac. Co. v. United States District Court for the Northern District of California

Upon the Petition of Southern Pacific Company for a Writ of Prohibition against the United States District Court for the Northern District of California and the Honorable George B. Harris, a Judge' thereof, an Order to Show Cause was issued. The matter has been heard upon the Response of the Respondents.

The facts disclosed, both by the Petition and by the Response, are that upon the trial of an action brought in the respondent court by one Travis C. Stroud to recover damages alleged to have been sustained by him as an employee of the Southern Pacific Company and in consequence of the negligent breach, by the Company, of its duties under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., the jury returned a verdict for the defendant company, petitioner here. Judgment was entered on the verdict.

Thereupon Stroud filed a motion for a new trial. Included in the several grounds stated in the motion were: “That the verdict was against the weight of the evidence”; that “the verdict was contrary to the evidence”; and “Newly discovered evidence of facts existing at the time of trial, of which plaintiff was excusably ignorant”. Five affidavits were filed with the motion, and…