Domanski v. Woda

One of the causes for granting a new trial is enumerated in Section 11576, General Code of Ohio, as follows:

“7. Newly discovered evidence, material for the party applying, which with reasonable diligence he could not have discovered and produced at the trial.”

Turning to the record in the instant case we find that after appellant had testified fully as to his injury, ap pellees offered as' their witness Dr. Robert F. Thaw, an eye specialist of Akron, to testify on the same subject. He had examined and treated appellant’s eye shortly after the first accident, and saw him thereafter once or…