Klein

This is an action for damages on account of personal injuries, it being averred that plaintiff, a passenger on defendant’s train, which collided with another train through defendant’s negligence, was, by such collision, thrown from his seat against the opposite seat and on the floor of the ear, thereby sustaining injuries in the back, lower abdomen, a shock to the nervous system, a sprain of the back, a double inguinal hernia, together with other internal injuries, permanently affecting and impairing his health, and by which he is disabled for life.

The cause was tried by a jury and a verdict in plaintiff's favor for $8,500 returned, upon which verdict a judgment was entered January 21, 1908. A motion for a new trial was denied, and from the judgment and the order denying a new trial defendant gave notice of appeal on July 21, 1909.

The principal claim of appellant is that the testimony of plaintiff bears the imprint of falsity, and the jury should have rejected the same, and that the corroborative testimony is insufficient, when taken in connection with plaintiff’s evidence, to sustain the verdict. It is evident from an examination of the record that many inaccuracies and…