Wethers v. New York Central Railroad

The defendant moves for a new trial on the ground of newly-discovered evidence. The action is to recover damages for the death of the plaintiff’s husband, claimed to have been sustained in consequence of the defendant’s alleged negligence. The jury found a verdict in favor of the plaintiff for ten thousand dollars. In addition to the issues relating to the accident the question as to the amount of damages which the widow and next of kin had in fact sustained by reason of the death of the intestate was actively litigated upon the trial. The plaintiff, who is the widow of the intestate,…