Tiger Drill Manufacturing Co. v. Rice

Citations

• 95 Kan. 816
• 149 P. 742
• 1915 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Accident and Surprise. A judgment will not be reversed on account of accident and surprise in the introduction of evidence, where the pleading of the opposite party discloses the facts which that evidence tends to prove.</p> <p>2. New Trial — Newly Discovered Evidence. A judgment will not be reversed because of newly discovered evidence where the party complaining had access to all, and took the depositions of part, of the witnesses disclosing such newly discovered evidence, in the absence of any showing of diligence to produce such evidence at the trial.</p>