Austin v. Moffett
Austin v. Moffett
Opinion of the Court
Appeal by defendant from an order of the district court of the county of Hennepin denying his motion for a new trial. The complaint alleged that the defendant assaulted the plaintiff, a married woman, whereby she sustained serious personal injuries. The answer denied the allegations of the complaint as to the assault. The plaintiff had a. verdict for $1,000. The alleged errors here relied upon for a reversal of the order are that the verdict is not sustained by the evidence, that the award of damages is excessive, and that the court abused its discretion in denying a new trial on the ground of newly discovered evidence.
The evidence of the parties is radically conflicting. The plaintiff testified to facts showing that the assault was committed, which the defendant positively denied. The credibility of the respective parties was a question for the jury, and the evidence is sufficient to
Whether the trial court abused its discretion, in view of the sharp conflict in the evidence as to the main issue, in not granting a new trial on the ground of newly discovered evidence, is the most important question presented by the record. We have carefully considered the several affidavits in support of a motion for a new trial on this ground, in connection with the record of the trial. We have reached the conclusion that the discretion of the trial court was fairly exercised. It will serve no practical purpose to discuss in detail the,, affidavits. It is sufficient to say that the alleged newly discovered evidence was cumulative, or impeaching, or newly remembered.
Order affirmed.
Reference
- Full Case Name
- MARIE G. AUSTIN v. WILLIAM Z. MOFFETT
- Status
- Published