Rogers v. Goforth

Riley, Judge:

Bennie Rogers, an infant, who suffered serious injuries when hit and run over by one of the trucks owned and operated by Arthur Goforth, trading and doing business as Goforth Freight Lines, prosecutes error to the action of the trial court in vacating a judgment order, and in setting aside the verdict, as to quantum of damages, on the ground of newly-discovered evidence, and awarding defendant a new trial as to the quantum of damages.

Immediately following the accident, i. e., the 24th day of November, 1937, the plaintiff was removed to the Beck-ley Hospital, where an examination…