Hornick v. Bethlehem Mines Corp.

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to open judgment, and to grant a new trial on the ground of after-discovered evidence. The petition was filed after the term at which judgment was entered and after it was affirmed by this court.

Suit was brought in trespass in June, 1930, to recover compensation for damage to springs on plaintiffs’ farm alleged to have been caused by defendant’s mining operations. The defense was that the interference with the flow of the springs resulted from drought and not from mining. The issue so made was tried in January, 1931, with a verdict…