Andrew v. Carithers

1. The alleged newly discovered evidence, so far as it was material to the issues involved, was purely cumulative in character, and furnished no ground for the grant of á new trial.

2. The exclusion of evidence as to the market value of the land in controversy, even if erroneous, was harmless, for it went only to the question . of the measure of the plaintiff’s damage, and the jury by its verdict determined that she had not been damaged at all.

3. The charge of the' court of which complaint was made merely presented to the jury the two conflicting theories contended for by the parties, giving…