Ohme v. Bisimanis

BOÜLDIN, J.

The action was for alleged personal injury to plaintiff, a pedestrian, charged to the negligence of defendants in striking him with an automobile at the intersection of Adams and Court streets in the city of Montgomery.

The injury complained of was a double hernia resulting from such collision. There was verdict for plaintiff.

Defendants moved for a new trial. Ground No. 3 of said motion reads:

“On account of newly discovered evidence, material to the defendants, which defendants could not with reasonable diligence have discovered and produced on the trial.”

The alleged injury was…