Birmingham Electric Co. v. Hereford

The opinion of the Court of Appeals is to be construed as containing, without a discussion of the proof, the conclusion of that court from the facts in the record that the newly discovered evidence meets all the requirements of our decisions. So considered, there is nothing in the opinion that may be properly interpreted as running counter to the rule of our decisions, which prohibits a party from speculating upon the result of a trial and then become surprised at the result. Mutual B. & L. Ass’n v. Watson, 226 Ala. 526, 147 So. 817; Aldridge v. Tully Plumbing & Heating Co., 216 Ala. 567, 114…