McNair v. Newsome

Broyles, J.

1. The evidence authorized the verdict.

2. The only assignment of error, in addition to the usual grounds, being the refusal of the court to grant a new trial on account of alleged newly discovered evidence, and that evidence .being impeaching in its character, and the alleged newly discovered witness, as shown in the counter-showing, being in the employ of the plaintiffs in error at the time of the trial, and being in actual attendance upon the trial, on subpcena as a witness for the plaintiffs in error, this court can not hold that the trial judge abused his discretion in overruling the motion for a new trial. Judgment affirmed.

Complaint; from city court of Louisville — Judge Strange presiding. June 30, 1914.

B. N. Hardeman, for plaintiffs in error. M. G. Barwich, contra.