
    Thomas Gunn vs. Union Railroad Company.
    PROVIDENCE
    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.
   Per Curiam.

The plaintiff’s petition for a new trial, on his motion made for a second tifhe 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.”

Charles E. Gorman, for plaintiff.

David S. Baker, for defendant.

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