Brooks

This was an action to recover damages sustained by the infant plaintiff for personal injuries received while a passenger upon the railway train of the corporation defendant.

*174 The cause was tried before a jury and a verdict rendered in favor of plaintiff for five thousand dollars. Judgment was entered thereon February 26, 1894.

Defendant in due time moved for a new trial, which was granted “upon the payment by defendant to plaintiff of the sum of three hundred dollars for counsel fees and expenses necessarily incurred in said motion.” This order was made June 25, 1894.

On July 23, 1894, defendant gave notice of an appeal to this court from the order of the court below granting the new trial upon the condition specified in the order, and, on the same day, gave notice of an appeal from the final judgment entered in the cause February 26, 1894.

On June 25, 1894, plaintiff gave notice of an appeal to this court from the order of the court below granting the new trial. These appeals were all duly perfected, and are all based upon a single transcript.

The foregoing dates as to the entry of judgment and appeal therefrom are given for the purpose of showing that defendant’s appeal…