Webster v. Ek

'On July 12, 1930, a collision occurred between plaintiff’s car driven by himself and a car belonging to the defendant John Ek and driven by Amanda Ek. Plaintiff commenced an action for damages because of the collision, and the defendant John Ek in his counterclaim asks judgment for damages to his car. The jury returned a verdict in favor of the plaintiff and judgment was entered thereon.

The defendants moved for a new trial upon two grounds; first, misconduct of the jury and second “newly discovered evidence material to the defendants which they could not with reasonable diligence have…