Strout v. Stewart

Decided July 1, 1874

Supreme Judicial Court of Maine · decided 1874-07-01

Assumpsit. Motion for a new trial by tbe plaintiff, upon tbe ground tbat tbe verdict against bim, rendered at tbe April term, 1874, of tbe superior court for Cumberland county, was contrary to tbe law, and the evidence, and the weight of tbe evidence. At the May term, 1874, of tbat court tbe plaintiff filed another motion to set aside the verdict on account of newly discovered evidence relative to the matters at issue between these parties. .

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Decided 1874-07-01

How this case has been cited

Cited by 3 later decisions — most recently December 1911

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Dickerson, J.

¶1Though the verdict in this case is against the weight of the evidence, it is not so manifestly wrong as to require ■ the court to set it aside for that cause alone.

¶2The newly discovered evidence is material and not cumulative, consisting mainly of the admissions of the defendant. As this evidence was not known to the plaintiff at the time of the trial, and could not have been discovered by him by the exercise of due diligence, and, as it is obvious, that, if introduced, it would have reversed the verdict, the motion for a new trial on account of newly discovered eviden ce is sustained, and a New trial granted.

Appleton, C. J., Walton, Barrows, Yirgin and Peters, JJ., concurred.