Oberlander v. Fixen & Co.

THE COURT.

The appellant recovered judgment in the -court below for damages (seventeen hundred and fifty dollars), resulting from her falling down a negligently constructed staircase leading from the defendant’s storeroom, where she had just heen employed by the defendant, to the basement. The court granted a new trial on the ground of newly discovered evidence; and the grounds urged for reversal are: 1. That the affidavits were not served or filed in time; 2. Want oí diligence on the part of defendant in preparation for trial; and 3. That the newly discovered evidence was merely cumulative.

The…