Collins v. Bacon

Citations

• 38 Wash. 80
• 80 P. 268
• 1905 Wash. LEXIS 1120

Syllabus

<p>Appeal—Review—Verdict on Conflicting Evidence. The verdict of a jury upon substantial evidence will not be disturbed on appeal because of conflict in the testimony.</p> <p>New Trial—Newly Discovered Evidence—Want of Diligence. A new trial on the ground of newly discovered evidence is properly refused for want of diligence where the evidence consists of entries in the appellant’s books, contradicting the testimony of respondent, to which appellant at all times had access, and where he was apprised in advance of the trial of the issues and the necessity of having all his evidence ready.</p>