Majority
p. 1127KELLY v. BROOKLYN HEIGHTS R. CO. (Supreme Court, Appellate Division, Second Department. March 19, 1902.)
Headnote
Action by Edward Kelly, an infant, by Mary Kelly, his guardian ad litem, against the Brooklyn Heights Railroad Company. From a judgment for plaintiff, and from an order denying a motion for a new trial on the ground of newly discovered evidence, defendant appeals. Reversed. I. R. Oeland, for appellant. Henry Escher, Jr., for respondent.We have carefully considered the evidence taken and the affidavits submitted at special term on the motion for a new trial on the ground of newly discovered evidence, and we are forced td the conclusion that justice will be promoted by submitting the issues in the case to another jury. The order denying the motion for a new trial is therefore reversed, and the motion granted; and the judgment and order denying a motion for a new trial on the minutes vacated.