Gunn v. Union Railroad Company , 24 R.I. 174 ( 1902 )

The plaintiff's petition for a new trial, on his motion made for a second time 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."

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

Petition dismissed.