Opinion
March Term, 1902.
Order denying motion for new trial on the ground of newly-discovered evidence reversed, and motion for new trial granted, costs to abide the event; plaintiff's judgment and order denying motion for new trial on the minutes vacated.
We have carefully considered the evidence taken and the affidavits submitted at Special Term on the motion for a new trial on the ground of newly-discovered evidence, and we are forced to the conclusion that justice will be promoted by submitting the issues in the case to another jury. The order denying the motion for a new trial is, therefore, reversed, and the motion granted, and the judgment and order denying a motion for a new trial on the minutes vacated. All concurred.