Cairo & St. Louis Railroad v. Schumacker

Waiving the discussion of all other questions raised on the record, we are of opinion the court ought to have granted a new trial, on account of the newly discovered evidence.

The action was brought in trespass, to recover of the railroad company damages for entering upon premises occupied by plaintiff, to construct its railroad, tearing down his fences and exposing his crops to the depredations.of the stock in the vicinity. On the trial, defendant offered to prove that H. R. Pavson & Go., under a construction contract, obligated themselves to build the road, locate the line, procure the right…