Starr v. Heiden ( 1927 )

Order reversed on the law and the facts, and new trial granted, costs to abide the event. We think that the newly-discovered evidence of the driver of the bus in question is important and material, and would have a tendency to change the result. We also think that plaintiff used due diligence before the trial to obtain this evidence. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.