Crenshaw v. Street Railway Co.

*193 Per Curiam: Without any intimation as to the plaintiff’s right to recover on' the testimony as it now stands, the court is of opinion that a new trial should be awarded by reason of the newly discovered evidence, set out and referred to in the affidavits of the defendant, filed for the purpose on motion duly made. Under the decision in Herndon v. Railroad Co., 121 N. C., 498, we never discuss the facts on such motion, but simply award or refuse a new trial. New Trial.