Mason v. Hooker's Administrator

MILLIKEN, Justice.

This is an appeal from a judgment for $6,500 for the death of George Hooker in November, 1950, as a result of an automobile accident in September of that year. In addition to the appeal from that judgment, the appellants sought to have the judgment set aside in the trial court, under Section 344 of the Civil Code of Practice, on the ground of newly discovered evidence, and, losing in that effort, they moved to consolidate the original action and the action to set aside the judgment.

The accident happened about 5 o’clock in the morning when Mr. Hooker was riding as a passenger…