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SMALL v. CHRONICLE AND GAZETTE PUBLISHING COMPANY

No. 3921.

96 N.H. 265 (1950)

PERCY C. SMALL v. CHRONICLE AND GAZETTE PUBLISHING COMPANY.

Supreme Court of New Hampshire.

July 6, 1950.

Attorney(s) appearing for the Case

William H. Sleeper, Robert Shaw and Wayne J. Mullavey (Mr. Mullavey orally), for the plaintiff.

Hughes & Burns and Donald R. Bryant (Mr. Bryant orally), for the defendant.

LAMPRON, J.

Whether justice requires that a new trial should be had upon the ground of newly discovered evidence is a question of fact for the Trial Court. McGinley v. Railroad, 79 N.H. 320, 321; Jackson v. Smart, 89 N.H. 457, 458; State v. Long, 90 N.H. 103, 107. However "it is always the duty of this court to determine as a matter of law whether the evidence on which the trial justice has based his findings is such that...

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