Durbin v. Nally, Ballard, & Saltsman, Inc.

CLAY, Commissioner.

Appellant filed a petition for a new trial under Section 340(7) of the Civil Code on the ground of newly discovered evidence. A demurrer to this petition was sustained, and it was dismissed.

Appellant represents the estate of one Amos Durbin who was fatally injured in February, 1950, when he fell from a bridge being constructed in the City of Hazard. Suit was filed against appellees for damages, and the action was tried in April 1952. The trial court directed a verdict for ap-pellees, and the judgment entered on the verdict was affirmed' by this .Court in December, 1953.…