
    Carl Busch, Appellant, v. The Buffalo Creek Railroad Company, Respondent.
   Order appealed from reversed. Held, that there being evidence in the case from which the jury might have found that the defendant’s employees who were operating the train knew that the switch was open and that there were men at work upon the standing cars, and the presumption being that the jury so found, the alleged newly discovered evidence that the switch had been closed, four hours previous to the accident, is immaterial, in view of the facts so found.

Haight, J., not sitting.  