Herndon v. North Carolina Railroad
Supreme Court of North Carolina
ActioN for damages tried before Timberlake, J., and a jury at June ^Special)- Term, 1897, of Durham Superior Court. There was a verdict for the plaintiff and from the judgment thereon defendant, appealed. In this Court a motion was made for a new trial on the ground of newly discovered evidence.
1Opinion of the Court
DOUGLAS, J., dissents arguendo, in which FURCHES, J., joins. granting or refusing in this Court a new trial for newly discovered evidence being a matter of discretion resting upon the peculiar circumstances of each case, and not a matter of law from which a precedent can be laid down for future guidance, the Court will never discuss the facts in an opinion, but simply grant or refuse such motion as it deems will best subserve the ends of justice. Brown v. Mitchell, 102 N.C. 347;Ferebee v. Pritchard, 112 N.C. 83; Clark v. Riddle, 118 N.C. 692;Nathan v. R. R., ib., 1066. The Court, in the…
2Cases cited2 opinions
- Ferebee v. . PritchardSupreme Court of North Carolina · 1893
- Clark v. . RiddleSupreme Court of North Carolina · 1896
3Cited by8 opinions
- Murdock v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1912
- Carr v. . BizzellSupreme Court of North Carolina · 1926
- Miller v. Bank of WashingtonSupreme Court of North Carolina · 1918
- Brantley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1937
- Crenshaw v. Street Railway Co.Supreme Court of North Carolina · 1905
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