Bourisk v. Mohican Co.

These actions for negligence, by agreement of the parties, were referred under rule of court with the right of exceptions to rulings of law reserved. The Referees found for the defendant. At the next term, the plaintiffs moved that the Referees’ report be recommitted for further hearing upon the grounds of newly-discovered evidence. The motions were granted and exceptions reserved.

The plaintiffs’ motions to recommit allege that since the former hearing an unnamed witness, now resident in another jurisdiction, has been discovered who saw the accident out of which these actions arise and can…