Davis v. Sim

Citations

• 92 Kan. 264
• 140 P. 851
• 1914 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages from Flood — Defective Dam — Newly Discovered Evidence — New Trial. In an action for damages from a flood, alleged to have been caused by the breaking of a dam, witnesses for the defendants testified that they saw the dam still standing after the time when the injury was done. The plaintiff produced mo direct evidence to the contrary, but asked a new trial on the ground that he had subsequently discovered eyewitnesses who could contradict this testimony. Held, that the new evidence was not cumulative, and was of such importance that its effect- should be passed upon by a jury, and that the diligence shown by the plaintiff was sufficient to entitle him to a new trial.</p>