City of Emporia v. White

Mary A. White recovered a judgment against the city of Emporia for personal injuries sustained by being thrown from her buggy while driving on one of its streets. She alleged that while driving along one of the streets in the city her horse came in contact with one of the city’s electric wires which had become displaced and was on the ground, and that the horse became frightened and ran against a telephone-pole, throwing her out of the buggy. The court denied the city’s motion for a new trial on account of newly discovered evidence. This order the city now seeks to-reverse.

The evidence…