Delores Stilwell, Appellant, v. Travelers Insurance Company, Appellee, 345 F.2d 531 (5th Cir. 1965)Annotate this Case
Appeal from the United States District Court for the Northern District of Georgia; Lewis R. Morgan, Judge.
See also 5 Cir., 327 F.2d 931.
John K. Calhoun, Atlanta, Ga., for appellant.
Burt DeRieux and Greene, Neely, Buckley & DeRieux, Atlanta, Ga., for appellee.
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.