Helwig v. Second Avenue Railroad

In an action for personal injury by the negligence of the defendant, the plaintiff had a verdict for $5,000. Upon a case .and affidavits, the defendant moved at special term for a new trial on the ground of surprise and newly-discovered evidence. From an order granting the motion, the appeal is taken.

The contention at the trial was upon the question of defendant’s negligence; the plaintiff maintaining, that he was thrown from the car by its starting while he was in the act of alighting, and the defendant insisting that he fell by attempting to alight while the car was in motion. To this issue…