Westergard v. Des Moines Railway Co.

(dissenting) — I respectfully dissent.

I. We start with the proposition that applications for new trial on the ground of newly discovered evidence are not favored. In Eller v. Paul Revere Life Ins. Co., 230 Iowa 1255, 1260, 300 N.W. 535, 538, Avhere Ave reversed the trial- court’s order granting a new trial on the ground of newly -discoArered evidence, we said:

“It is frequently said that courts do not favor the granting of a neAV trial because of newly discovered evidence. The rule is stated in 20 R. C. L. 289, 290, section 72, as follows;

“ ‘While newly discovered evidence, material to. the…