Fulcher v. Whitlow

The principal question involved in this appeal is whether the trial court erred in granting a new trial on the ground of after-discovered evidence.

This litigation was commenced when Beulah F. Whitlow, the plaintiff, filed a motion for judgment against Mildred Wilborne Fulcher, the defendant, seeking to recover damages for personal injuries allegedly sustained by the plaintiff when an automobile operated by her was in collision with a pickup truck operated by the defendant.

The first trial before a jury resulted in a verdict in favor of the defendant. Thereafter, the plaintiff filed a motion…