Supreme Court of North Carolina, 1905

Crenshaw v. Street Railway Co.

Crenshaw v. Street Railway Co.
Supreme Court of North Carolina · Decided December 12, 1905 · <italic>Per Curiam:</italic>
52 S.E. 731; 140 N.C. 192; 1905 N.C. LEXIS 28 (South Eastern Reporter)
Crenshaw v. Street Railway Co.

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

*193 Per Curiam:

Without any intimation as to the plaintiff’s right to recover on' the testimony as it now stands, the court is of opinion that a new trial should be awarded by reason of the newly discovered evidence, set out and referred to in the affidavits of the defendant, filed for the purpose on motion duly made.

Under the decision in Herndon v. Railroad Co., 121 N. C., 498, we never discuss the facts on such motion, but simply award or refuse a new trial.

New Trial.

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