Rockwell v. Italian-Swiss Colony

This is an appeal from an order denying defendant’s motion for a new trial.

The only ground relied on for a new trial was that of newly discovered evidence, and appellant concedes that “There is no question before t'he court on this appeal other than the ruling of the court in denying defendant’s motion for a new trial upon the ground of newly discovered evidence.”

The defendant A. C. Palladme is the superintendent of the Italian-Swiss colony, and entered into a written contract February 24, 1903, with plaintiff, in which plaintiff agreed to bore a well that would furnish three thousand five…