Shelton v. Southern Ry. Co.
District Court, E.D. Tennessee
At Law. Action by Horace Shelton against the Southern Railway Company. On defendant’s motion for new trial.
1Opinion of the Court
SANFORD, District Judge.
My conclusions are;
1. The verdict is not so clearly and manifestly against the weight of the evidence as to warrant its being set aside. Mt. Adams Ry. v. Lowery (6th Cir.) 74 Fed. 463, 472, 20 C. C. A. 596; Felton v. Spiro (6th Cir.) 78 Fed. 576, 582, 24 C. C. A. 321.
[1-3] 2. The affidavits as to the identity of De Witt Smith do not warrant the granting of a new trial upon the ground of newly discovered evidence. This is offered to contradict the testimony of Humbert that Smith was a white man, of Lexington, Kentucky. Newly discovered evidence merely to contradict a…
2Cases cited26 opinions
- Hyde v. United StatesSupreme Court of the United States · 1912
- McDonald v. PlessSupreme Court of the United States · 1915
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. Woman's HospitalCourt of Appeals of Tennessee · 1975
- Tipton v. SmithCourt of Appeals of Tennessee · 1979
- Viles v. Prudential Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1939
- Joy v. GodchauxCourt of Appeals for the Eighth Circuit · 1929
- Vest v. BitnerCourt of Appeals of Tennessee · 1950
5 more not listed; retrieve them via the Exa API.