Page:Railway Company v. B'Shears 01.pdf/4

240 which provides that Congress shall have power to regulate the commerce among the several States. The legislature of the State may, in the exercise of its police power, pass any law of a police character regulating the operation of railroad trains, which it considers necessary to protect the comfort, convenience and safety of its trains, notwithstanding such regulation may affect interstate trains. Upon the facts of this case, the court declares the law against the defendant, and mandamus is granted."

The defendant at the time objected separately to each of the declarations of law made by the court, and also excepted to the finding of the court upon the facts in the case, and also in rendering a judgment in favor of the plaintiff, and in granting said mandamus.

A motion for a new trial was then filed, overruled, exceptions saved, and an appeal prayed.

The following errors were assigned in the motion for a new trial:


 * 1) Because the finding of the court was contrary to the law.
 * 2) Because it was contrary to the evidence.
 * 3) Because it was contrary to both the law and the evidence.
 * 4) Because the court erred in refusing to declare the law as set out in prayers 1, 2, 3, 4 and 5, as asked by defendant.
 * 5) Because the court erred in declaring the law to be as set out in prayers 1, 2, 3 and 4, as given by the court upon its own motion.
 * 6) Because the court erred in declaring the law and facts in favor of plaintiff, and in granting the writ of mandamus.
 * 7) Because the court has no jurisdiction to grant plaintiff's petition under the constitution and laws of United States.