Jackson v. Smart

At the first transfer cited above we held that the evidence was sufficient to warrant a finding of the defendant’s causal negligence, but judgment for him was ordered for the reason that the plaintiff’s contributory negligence was conclusively shown. At the second transfer, also cited above, we were called upon to consider the defendant’s exception to the granting of the plaintiff’s motion for a new trial on the ground of after discovered evidence. In passing upon that motion the nature of the newly discovered evidence was fully described and discussed and we held that it was sufficient to…