Atchison, Topeka & Santa frailway Company. From an order granting a new trial after verdict for plaintiff, she appeals. Affirmed.A F. Smith, boylehowell, and Guthrie, Gamble & Street, for appellant Thos. R Morrow, Cyrus Crane, James P. Gllmore, S. W. Oakley Canada Sawyer, and Jno. H. Lathrop, for respondentgraves, P. J. Plaintiff Is the widow of Ellis T. High, and as such, In the name of Anna High, brought suit against defendant In the circuit court of Jackson county for the alleged negligent killing of her husband, the said Ellis T. High. After the institution of the suit, she Intermarried with one Williams, and took the necessary steps to further prosecute the suit In the name she thus assumed by the Intermarriage.By her petition, she charges that the death of her said husband was occasioned by reason of the fact that defendant had negligently constructed an unloading platform too close to the track upon which the freight cars were switched to be unloaded. The petition is long, but the alleged negligence of defendant can be gathered from the following language contained therein: That said platform and the said arrangements in and around such railroad yard and freight house were so located, placed, and arranged as to endanger the safety of employes in this, that said platform was as aforesaid so located and placed, with reference to said track and cars operated thereon, as to leave only about eight Inches of space between said platform and the corners and sides of said cars; whereas said platform should hare been so located, placed, and arranged In order to insure so far as possible the safety of employes from injury or accident as Nike Shoes Australia to leave between said platform and said cars a North Face Coupon space sufficient for the safe passage of employes between the edge of said platform and such cars, when such platform was necessary for the safety of employes in the performance of Moncler Outlet their duties as was at times necessary, and as was at the time and place of the Injury aforesaid; that there were no conditions preventing the location of said platform so as to be at such sufficient distance from such cars, and it was practicable to so place, arrange, and locate said platform; and such platform was so placed, arranged, and located, as same in fact was, only for the convenience of the defendant in loading and unloading freight at said platform; that such negligent failure of the defendant to properly arrange, place, The North Face Sale and North Face Sale locate such platform directly contributed to cause the death of said High.The amount sought to be recovered was ,.Defendant's North Face Coupons answer isa general denial;a plea of contributory negligence;a plea of assumption of risks; anda plea charging that the cause of action, if any, had vested in two minor children of thedeceased by a former wife. Reply was a general denial.The trial nisi resulted in a verdict, by the concurrence ofjurors, for plaintiff in the sum of ,. Defendant thereupon tiled its motion for new trial and in arrest of judgment. The court sustained such motion for new trial for the reason, as assigned, that plaintiff was not entitled to recover. From this order sustaining the motion for new trial, plaintiff has appealed. The evidence, so far as required, will be detailed and reviewed In connection with the points made. . At first impression we were doubtful as to the jurisdiction of this court Upon no theory does the amount in dispute give us jurisdiction. The petition and the amount claimed therein, if such were to govern, would not give us jurisdiction under the act of , increasing the jurisdiction of the Courts of Appeals. In this case and the facts thereof the amount in dispute, as contemplated by the Constitution, is the amount of the verdict which was set aside by the trial court Even in cases where the amount claimed by plaintiff In the petition Is Oakley Sunglasses such as to confer jurisdiction upon this court when plaintiff has been defeated in the action below, Cheap North Face yet if plaintiff recovers below an amount less than the jurisdictional limit for an appeal to this court, and the verdict for such amount is set aside on the motion of defendant, the appeal must be taken to the Court of Appeals having territorial jurisdiction of the cause, and not to Nike Australia this court In other words, the amount of the verdict set aside fixes the jurisdiction.In culbertsonyoung,mos. W this court said: This court has no jurisdiction of this appeal. The utmost that Is Involved in this appeal is the amount of the verdict