Hilton v. United States Fire Insurance

Pee Ctjbiam.

After the appeal in this action had been docketed in this Court, and after due notice to appellee, aj>pellant moved for a new trial upon the ground of newly discovered evidence. This motion was heard upon affidavits filed by appellant in support of said motion, and by appellee in opposition thereto.

Upon the trial of the action in the Superior Court defendant relied chiefly upon its contention that the third issue should be answered by the jury in the affirmative. The court instructed the jury that there was no evidence in support of this contention, and that they should therefore…