Devine v. Wells

— This is an appeal from an order granting a new trial, on the stated ground of newly discovered evidence, after a $20,000' verdict for appellant in an action she brought for injuries she alleges she suffered by reason of the negligent operation of a street car.

The negligence alleged is that while appellant was entering a street car and was paying her fare the car was negligently started violently and with an unusual jerk and she was thereby thrown to the street and hurt. There was evidence tending to support this allegation. There was evidence that appellant fell before the car started, and…