Louisville & N. R. R. v. Ueltschi's Admr.
Court of Appeals of Kentucky
CASE 65. — ACTION BY THE LOUISVILLE & NASHVILLE R. R. CO. AGAINST UELTSCHI’S EXECUTORS TO OBTAIN A NEW TRIAL ON THE GROUND OF NEWLY DISCOVERED EVIDENCE. — Appeal from Famklin Circuit Court. R. L. Stout, Circuit Judge.
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CASE 65. — ACTION BY THE LOUISVILLE & NASHVILLE R. R. CO. AGAINST UELTSCHI’S EXECUTORS TO OBTAIN A NEW TRIAL ON THE GROUND OF NEWLY DISCOVERED EVIDENCE. — Appeal from Famklin Circuit Court. R. L. Stout, Circuit Judge. Prom a judgment of dismissal plaintiff appeals— On the question of diligence in making this application for a new trial, we submit that under subsection 7 of section 340, Civil Code, the newly discovered evidence authorizing a new trial is such as the party “could not with reasonable diligence have discovered and produced at the trial.” The question of diligence, therefore, is…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Affirming.
This is an action to obtain a new trial upon the ground of newly discovered evidence. On the original trial, in which appellees obtained judgment for damages growing out of the death of their testator, caused by the negligence of appellant in failing to give proper warning of the approach of its train to the public crossing at which he was struck, 'three defenses were made: First, that Ueltschi was not killed at a public crossing; second, that he was guilty of such contributory negligence as defeated a recovery ; and, third, that the appellant was…
2Cases cited4 opinions
- Price's Adm'r v. ThompsonCourt of Appeals of Kentucky · 1886
- Mercer v. Mercer's Adm'rCourt of Appeals of Kentucky · 1888
- Torain v. TerrellCourt of Appeals of Kentucky · 1906
- Allen v. PerryCourt of Appeals of Kentucky · 1869
3Cited by16 opinions
- Ellis v. CommonwealthCourt of Appeals of Kentucky · 1912
- Woods v. Kentucky Traction & Terminal Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Crouch v. CommonwealthCourt of Appeals of Kentucky · 1916
- National Concrete Construction Co. v. DuvallCourt of Appeals of Kentucky · 1913
- Holliday v. Tennis Coal Co.Court of Appeals of Kentucky (pre-1976) · 1936
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