8 N.Y.S. 639 | N.Y. Sup. Ct. | 1890
This is an action for slander. It was tried at the circuit before a jury, and the plaintiff obtained a verdict. The defendant then made a motion for a new trial, on the ground of newly-discovered evidence, which was denied, and this is an appeal from the order of denial. To justify an order for a new trial for evidence subsequently discovered, such evidence must have come to the knowledge of the moving party after the trial, and it must be owing to no want of due diligence that it was not ascertained before. It must not be cumulative, and it must be of such character and so material that it will probably produce a different verdict if a new trial be obtained. The moving papers here fail entirely to bring the case up to the severe standard established by the foregoing rules of law. The failure to discover the evidence now disclosed, and which the defendant claims to be new, was due entirely to the