Opinion
(Filed 12 December, 1905.)
New Trial — Newly Discovered Evidence — Practice.
Where a motion is made in this court for a new trial for newly discovered evidence, the court never discusses the facts on such motion, but simply awards or refuses a new trial.
ACTION by A. Crenshaw and Susan Crenshaw, his wife, against Asheville Biltmore Street Railway Transportation Co. and others, heard by Judge Fred Moore and a jury, at the March Term, 1905, of BUNCOMBE. From a judgment for the feme plaintiff, the defendants appealed.
Moore Rollins, Frank Carter and H. C. Chedester for the plaintiffs.
Julius C. Martin for the defendants. (193)
Without any intimation as to the plaintiffs' 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 defendants, filed for the purpose on motion duly made.
Under the decision in Herndon v. R. R., 121 N.C. 498, we never discuss the facts on such motion, but simply award or refuse a new trial.
New Trial.