Stephens v. Pate

Plaintiff, a minor 7 years of age, was struck and injured by a car driven by defendant Stephens on one of the streets in the city of Tuscaloosa.

The submission to the jury was upon the general issue joined on counts of simple negr ligence, resulting in a verdict and judgment for the defendant. Plaintiff moved for a new trial upon a number of grounds, among them newly discovered evidence. From the judgment of the court granting this motion, defendants prosecute this appeal.

Pretermitting as unnecessary a consideration of any other ground, we are persuaded the action of the court is justified…