Rasquin v. Cohen

“A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.” R. L., c. 398, s. 1. Under this statute, newly discovered evidence of false swearing may make out a case of accident, mistake or misfortune. As the statute has been interpreted, however, the new evidence must be “of such a character that it is at least probable that a different result would be reached upon another trial.” McGinley v. Railroad, 79 N. H. 320, 321, and cases cited. In the present case the Presiding Justice reports that he “is…