Atchison, Topeka, And Santa Fe Railway v. Barrett

246 F.2d 846 (9th Cir. 1957)

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Nature of the Case

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Facts

Barrett (P) sued Atchison (D) for injuries allegedly incurred from employment. P claimed an involuntary neck twitch that was present preceding and during trial. P got the verdict. After trial, P was observed wherein the twitch did not appear to be present. After P became aware that he was being followed, the twitch began again. After the time to file a new motion for a new trial expired, the twitching healed itself. During trial, D's medical expert was not called as a witness. In addition, P was seen in the company of a Dr. Darrington Weaver who had been convicted of 13 counts of subornation of perjury, perjury, and forgery in connection with negligence actions. D's motion was denied, and the trial judge did assert the there were some suspicious activities, but he could not be sure the jury would return a different verdict had these facts been presented. D appealed.