
    Joseph Woitkevitch vs. Frederick H. Read
    No. 43057
    February 24, 1919
    For plaintiff: L. N. Zisman.
    For defendant: Louis W. Dunn.
   DECISION

BROWN, J.

It is not clear that the damages are excessive. If the newly discovered evidence is of value, it does not satisfactorily appear that it might not have been procured for the trial by the exercise of due diligence.

A new trial is denied.

Note — Action of trespass for assult and battery. Verdict for $350.  