Sellers v. Harvey

Minor W. Milwee, Justice.

The principal issue on this appeal is whether the trial court abused its discretion in overruling appellant’s motion for new trial based on newly discovered evidence.

Appellee recovered a $6,000 verdict and judgment against appellant for personal injuries allegedly sustained when he was struck by an automobile driven by appellant. The incident occurred about 6 a. m., August 21, 1950, at a filling station in Hot Springs, where appellee was employed as an attendant. There are three gasoline pumps in a row between the station and the street with a driveway on each side of…