Stewart v. Leiper

Parker, J.,

Opinion by

The court below refused defendant’s motion for a new trial after verdict against him. The motion was grounded upon an allegation of after-discovered evidence which would contradict a part of the plaintiff’s own testimony and, if believed, tend to reduce the claim for damages.

The plaintiff had been a servant in the employ of defendant for about two and one-half years. While she was at the rear of defendant’s premises another servant opened a door and let out a Great Dane dog, weighing about 135 pounds. The dog made a dive for the plaintiff, who weighed 118 pounds, knocked…