neutral
Cited (no substantive treatment)
0.5 score
Retrieving the full opinion text from the archive…
Delores STILWELL, Appellant,
v.
TRAVELERS INSURANCE COMPANY, Appellee
v.
TRAVELERS INSURANCE COMPANY, Appellee
21708_1.
Court of Appeals for the Fifth Circuit.
Jun 1, 1965.
John K. Calhoun, Atlanta, Ga., for appellant., Burt DeRieux and Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellee.
Tuttle, Edgerton, Smith.
Published
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.