
    2182.
    Sisters of the Order of St. Joseph v. Farrell Heating and Plumbing Company.
    Complaint; from city court of Washington — Judge Tutt presiding. September; 18, 1909.
    
      F. H. Colley, 17. A. Slaton, for plaintiff in error.
    
      J. M. Pitner, John A. Boykin, George M. DuBose, contra.
   Russell, J.

Under the peculiar circumstances of this case, the assumption of liability by tlie defendant being the leading point at issue, the court erred in refusing to grant a new trial upon the ground of newly discovered evidence. The matters brought to the attention of the court, while in a sense impeaching, are also susceptible of being considered as substantive, proof, probably leading to a different result on another trial. Besides, the matter referred lo went to the fairness of the trial itself.

Judgment reversed.  