Delores Stilwell v. Travelers Insurance Company

Fifth Circuit

Delores Stilwell v. Travelers Insurance Company

345 F.2d 531, 1965 U.S. App. LEXIS 5391

Court of Appeals for the Fifth Circuit·Decided June 1, 1965·No. 21708_1·Published

Opinion

PER CURIAM.

This appeal presents the question whether the trial court abused its discretion in denying a motion for new trial based on alleged newly discovered evidence. In light of the issues presented to the jury and the understanding by the trial court of the circumstances surrounding the trial, we cannot hold that the trial court abused its discretion in its determination that the appellant did not adequately carry the burden of showing that the evidence was more than cumulative and that the proffered new evidence would probably produce a different result.

The judgment is therefore affirmed.

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PER CURIAM.

This appeal presents the question whether the trial court abused its discretion in denying a motion for new trial based on alleged newly discovered evidence. In light of the issues presented to the jury and the understanding by the trial court of the circumstances surrounding the trial, we cannot hold that the trial court abused its discretion in its determination that the appellant did not adequately carry the burden of showing that the evidence was more than cumulative and that the proffered new evidence would probably produce a different result.

The judgment is therefore affirmed.

Delores Stilwell v. Travelers Insurance Company, 345 F.2d 531, 1965 U.S. App. LEXIS 5391 (5th Cir. 1965).

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