Crenshaw v. Street Railway Co.
Supreme Court of North Carolina
AotioN by A. Crenshaw and Susan Crenshaw, his wife, against Asheville & Biltmore Street Railway & Transportation Co. and others, heard by Judge Fred Moore and a jury, at the March Term, 1905, of the Superior Court of BuNcoMbe. From a judgment for the feme plaintiff, the defendants appealed.
1Per curiam
Without any intimation as to the plaintiff’s right to recover on' the testimony as it now stands, the court is of opinion that a new trial should be awarded by reason of the newly discovered evidence, set out and referred to in the affidavits of the defendant, filed for the purpose on motion duly made.
Under the decision in Herndon v. Railroad Co., 121 N. C., 498, we never discuss the facts on such motion, but simply award or refuse a new trial.
New Trial.
2Cases cited1 opinion
- Herndon v. North Carolina RailroadSupreme Court of North Carolina · 1897
3Cited by1 opinion
- Brantley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1937