Small v. Chronicle & Gazette Publishing Co.

Whether justice requires that a new trial should be had upon the ground of newly discovered evidence is a question of fact for the Trial Court. McGinley v. Railroad, 79 N. H. 320, 321; Jackson v. Smart, 89 N. H. 457, 458; State v. Long, 90 N. H. 103, 107. However “it is always the duty of this court to determine as a matter of law whether the evidence on which the trial justice has based his findings is such that those findings can reasonably be made.” State v. Long, Id.; Roy v. Chalifoux, 95 N. H. 321, 324.

To authorize the finding that a new trial should be granted under the provisions of R.…