Herndon v. North Carolina Railroad
Supreme Court of North Carolina
ActioN for damages tried before Timberlake, J., and a jury at June ^Special)- Term, 1897, of Durham Superior Court. There was a verdict for the plaintiff and from the judgment thereon defendant, appealed. In this Court a motion was made for a new trial on the ground of newly discovered evidence.
1Opinion of the Court
Clark, J.:
The granting or refusing in this Court a new trial for newly discovered evidence, being a matter of discretion, resting upon the peculiar circumstances of each case, and not a matter of law from which a precedent can he laid down for future guidance, the Court will never discuss the facts in an opinion, hut simply grant or refuse such motion as it deems will best subserve the ends of justice. Brown v. Mitchell, 102 N. C., 347; Ferebee v. Pritchard, 112 N. C., 83; Clark v. Riddle, 118 N. C., 692; Nathan v. Railroad, Ibid, 1066. The (hurt in the present instance, upon consideration of…
2Cases cited2 opinions
- Ferebee v. . PritchardSupreme Court of North Carolina · 1893
- Clark v. . RiddleSupreme Court of North Carolina · 1896