Southern Ry. Co. v. Elder

70 So. 549, 110 Miss. 461

Opinion

Cook, J.,

delivered the opinion of the court.

A careful reading of this record convinces us that the trial court erred in overruling the motion of appellant for a new trial. We believe that the record shows no lack of diligence on the part of appellant, and it is evident that with the newly discovered evidence before it, another jury might reach a different verdict.

Reversed and remanded.