March v. Lehigh & Wilkesbarre Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lehigh and Wilkesbarre Coal Company, from an order of the Supreme Court, made at the Queens County Special Term, denying its motion ffir a new trial on the ground of newly-discovered evidence. Order affirmed, with costs, on the opinion of Mr. Justice Garretson at Special Term.
1Opinion of the Court
The following is the opinion of Garretson, J.:
Garretson, J.:
After the trial of this action, upon' which the plaintiff obtained a substantial verdict and a judgment as compensation for personal injuries, the defendant appealed from the judgment and an order denying a motion for a new trial made upon the minutes. Pending such appeal it made a motion for a new trial upon the ground of newly-discovered evidence. The affidavits setting forth the alleged newly-discovered evidence were directed mainly to sustain the defendant’s contention that the plaintiff, who was a witness in his own behalf,…
2Cases cited1 opinion
- Shanahan v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1913