Edwards v. Floyd

This is an appeal by plaintiff from an order granting defendants’ motion for a new trial on the ground of newly discovered evidence. The action was for crop damage suffered by plaintiff as a result of defendants ’ interfering with plaintiff’s water supply.

This is the sole question presented for our determination:

Did the trial court abuse its discretion in granting the motion for a new trial on the ground of newly discovered evidence for the reason that defendants failed to show that they had used “reasonable diligence” to discover and produce such evidence at the time of the trial?

This…