Legal Opinion
Shute v. Jones
New York Supreme Court
Decided July 27, 1893PublishedCited by 2 opinions
Action by Luther Shute against Frederick W. Jones for damages from a collision on a highway. Judgment for defendant. Plaintiff moves for a new trial on newly-discovered evidence.
1Opinion of the CourtFuesmaft, J.
This is a motion for a new trial on the ground of newly-discovered evidence. The rules governing such applications are very well settled, and are clearly and accurately stated in Roberts v. Bank, (Sup.) 14 N. Y. Supp. 432, where it is said:
“To constitute a case for a new trial on that ground it must appear that the evidence has been discovered since the trial; that it could not have been obtained upon the former trial by exercise of reasonable diligence; that the evidence is material to an issue involving the merits of the case, is not cumulative, and is so decisive in its character that…
2Cases cited1 opinion
- Roberts v. Johnstown BankNew York Supreme Court · 1891
3Cited by2 opinions
- O'Toole v. FaulknerWashington Supreme Court · 1904
- Stinson v. Boulevard Undertaking Co.Court of Appeals of Texas · 1936