McCormack Bros. Motor Car Co. v. Arnold

This is an action for damages for personal injuries caused by an automobile of defendant operated by one Kirkland.

The trial was had on December 16, 1929, resulting in a verdict for defendant on account of written instructions to that effect given by the court. It seems to be agreed that this was done" by the court because the undisputed evidence showed that Kirkland was not acting for defendant in the line" and scope of his employment at the time. On December 21, 1929, plaintiff made- a motion for a new trial, the third ground of which was based on newly discovered evidence of one McCluskey…