Hagen v. New York Central & Hudson River Railroad

This is a motion for a new trial upon the ground of newly-discovered evidence. The motion is founded upon a case and exceptions and the affidavit of the plaintiff and the affidavits of the three new witnesses, Kellar, Heath and Einnérty. The defendant reads in opposition the affidavits of John Garvey and Thomas D. Watkins and the record of conviction of Henry Heath for assault and battery and of Thomas Finnerty for public intoxication.

The action was commenced by service of summons on July 14, 1898; complaint served August 5, 1898; answer served October 13, 1898. Plaintiff and defendant as…