McGinley v. Maine Central Railroad
Supreme Court of New Hampshire
Petition, for a new trial because of newly discovered evidence. The suit was brought to recover for injury received by being run upon by the defendants’ engine at a highway crossing. A verdict for the plaintiff was sustained at the February session, 1919, of the supreme court, ante, 159. Immediately thereafter the defendants filed this petition. The evidence was from a witness of the injury and tended to show absence of care in the plaintiff as its cause.
Read the full summary
Petition, for a new trial because of newly discovered evidence. The suit was brought to recover for injury received by being run upon by the defendants’ engine at a highway crossing. A verdict for the plaintiff was sustained at the February session, 1919, of the supreme court, ante, 159. Immediately thereafter the defendants filed this petition. The evidence was from a witness of the injury and tended to show absence of care in the plaintiff as its cause. The evidence was furnished in the form of an ex parte affidavit. Subsequently, the plaintiff secured similar affidavits from the same…
1Opinion of the CourtParsons, C. J.
The two propositions which under the statute (P. S., c. 230, s. 1) must be established to authorize the granting of a new trial, that through accident, mistake, or misfortune, justice has not been done and a further hearing would be equitable, are facts the determination of which upon competent evidence is committed to the superior court. To authorize such findings in a petition for further trial upon the ground of newly discovered evidence it must appear, (1) that the party presenting it was not in fault for not discovering and presenting the evidence at the former trial; (2) the evidence…
2Cases cited11 opinions
- Walker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1902
- Jaques v. ChandlerSupreme Court of New Hampshire · 1905
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
- St. Pierre v. FosterSupreme Court of New Hampshire · 1908
- Ela v. ElaSupreme Court of New Hampshire · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. LemireSupreme Court of New Hampshire · 1975
- Gerry v. NeugebauerSupreme Court of New Hampshire · 1927
- State v. LongSupreme Court of New Hampshire · 1939
- Rasquin v. CohenSupreme Court of New Hampshire · 1943
- Wright v. Clark Equipment Co.Supreme Court of New Hampshire · 1984
4 more not listed; retrieve them via the Exa API.