Shelton v. Spic & Span Dry Cleaners
Shelton v. Spic & Span Dry Cleaners
Opinion of the Court
After the Record on Appeal and the briefs of both parties had been filed in this Court, plaintiff filed a motion for a new trial on the ground of newly discovered evidence, based upon the affidavits-
After due consideration of the motion and affidavits, and after due consideration of the answer filed thereto by defendants; and without any intimation as to the sufficiency or the probative effect of the evidence, we are of the opinion that a new trial should be awarded by reason of newly discovered evidence.
In accord with the rule of our Supreme Court as recognized in Brantley v. R. R., 211 N.C. 454, 190 S.E. 731, the facts on the motion are not discussed.
Remanded to the North Carolina Industrial Commission for a new hearing.
Remanded.
Reference
- Full Case Name
- ESTHER V. SHELTON, Employee v. SPIC AND SPAN DRY CLEANERS, Employee and GREAT AMERICAN INSURANCE COMPANY, Carrier
- Cited By
- 3 cases
- Status
- Published