110 Miss. 461
Decided October 15, 1915
Mississippi Supreme Court · decided 1915-10-15
Hon. Claude Clayton, Judge. Suit by W. C. Elder against the Southern Bailway Company. , Judgment for plaintiff, and on motion for new trial overruled, defendant appealed. Appellee brought suit against the appellant in an action of conversion. He alleges that he delivered certain cattle to the appellant for transportation, and the appellant failed to deliver them at the point of destination or to turn them back to appellee. He recovered judgment in the circuit court.
Decided 1915-10-15
¶1delivered the opinion of the court.
¶2A careful reading of this record convinces us that the trial court erred in overruling the motion of appellant for a new trial. We believe that the record shows no lack of diligence on the part of appellant, and it is evident that with the newly discovered evidence before it, another jury might reach a different verdict.
¶3Reversed and remanded.