CROCKETT, Justice.
A coal chute which plaintiff Wheat was lowering to load the tender (coal compartment) of one of defendant's engines suddenly fell, injuring him. A jury awarded him damages of $17,000. In response to defendant's motion for a new trial, the trial court gave plaintiff the option of having one or of taking a reduction of the verdict of $10,000. Plaintiff accepted the latter alternative.
Defendant contends that a new trial should have been granted...
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