Powers v. Bergman

These exceptions relate to a refusal to grant a new trial on the ground of newly discovered evidence. The action is to recover damages for an assault. The affidavits indicate that the alleged newly discovered evidence tends to show that the defendant was at another place at the time of the assault. A motion for a new trial ordinarily is addressed to the discretion of the trial court, to the exercise of which no exception lies. Although it is a judicial and not an arbitrary discretion which must be exercised, in the present case there is nothing to indicate even unwise action by the trial…