Walgraf v. Wilkeson Coal & Coke Co.

Citations

• 65 Wash. 464
• 118 P. 343
• 1911 Wash. LEXIS 952

Syllabus

<p>New Trial — Newly Discovered Evidence — -Diligence. An order granting a new trial for newly discovered evidence will not be disturbed on appeal where no abuse of discretion is shown, but on the contrary it appears that due diligence was used to discover the only eyewitness to the accident, and her whereabouts was not ascertained until too late to produce her at the trial, when a continuance was immediately requested.</p>