Temenoff v. Emery

McVICAR, District Judge.

This is an action to recover damages arising from an automobile accident. The jury, December 4, 1940, rendered a verdict in favor of each of the defendants. December 16, 1940, plaintiff filed a motion- for a new trial. This motion came on for argument September 29, 1941, at which time, plaintiff abandoned all the reasons set forth in his motion but asked leave to file an additional reason, based on after-discovered evidence, which he alleged he could not discover in the exercise of reasonable diligence prior to the trial.

Plaintiff, in his complaint, alleges that about…