Boyles v. Oregon-Washington Railroad & Navigation Co.

This is a personal injury action wherein the plaintiff obtained a verdict and judgment against defendants in the sum of $1,275.

Defendants assign error in the denial of their motion for new trial based upon: (1) Newly discovered evidence; and (2) alleged misconduct of counsel. Since the motion was filed too late to confer jurisdiction upon the circuit court to hear and determine the same (State v. Hecker, 109 Or. 520 (221 P. 808); 46 C. J. 295; 20 R. C. L. 302), we deem it inadvisable to encumber the reports with a recital of the contents of the affidavits in support of the motion. In the…