Essreg v. Bronstein

Citations

• 76 Pa. Super. 550
• 1921 Pa. Super. LEXIS 185

Syllabus

<p>Practice, Superior Court — After-discovered evidence — Refusal of new trial — Discretion of court.</p> <p>Whether or not a new trial shall he granted, to let in after-discovered evidence, is a matter for the trial court, and the refusal of a new trial in such case will not be reversed, in the absence of proof of clear abuse of discretion.</p> <p>Trespass — Assault and battery — JEvidence—New trial.</p> <p>In an action of trespass for assault and battery it is not error to refuse the motion for new trial, on the ground that an affidavit filed showed that the plaintiff’s witnesses testified that they gaw the assault, from a point from where it was physically impossible to view it, when the evidence of the witnesses, both in chief and on cross-examination, was not necessarily inconsistent with the allegations of the affidavit.</p>