Massachusetts Supreme Judicial Court February 10, 1939 (Pollock v. Swartz)

Exceptions overruled. Ordinarily a motion for a new trial on the ground of newly discovered evidence is addressed to the discretion of the trial judge, and an exception will not lie to the denial of such a motion. Madden v. Boston Elevated Railway, 284 Mass. 490, 494. There is nothing in this record to take the case out of the ordinary rule.