Olson v. Carlson

This is an appeal from an order of the trial court granting the plaintiff a new trial. The court had dismissed the case upon motion of the defendant made after both sides had rested. The motion for new trial was made and granted solely upon the ground of newly discovered evidence. This appeal does not involve the correctness of the court’s order dismissing the case.

The action seeks recovery for personal injuries received by the plaintiff who fell while alighting from a bus owned and operated by the defendant. The bus was operated as a common carrier and the plaintiff was a fare-paying…