Reed v. Kellerman

KALODNER, District Judge.

The defendant has filed a motion for a new trial and a motion to take additional testimony on after discovered evidence, under Rule 59 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

This case was tried before me without a jury. I filed my opinion and finding for the plaintiff on July 30, 1941. 40 F.Supp. 46.

Defendant filed with the clerk of the court a motion for a new trial on August 8, 1941, assigning the following reasons:

“1. The Findings and verdict was against the evidence.

“2. The Findings and verdict was against the weight of the evidence.

“3.…