Parker v. Southern Pacific Co.

This is an appeal by the defendants from an order granting the plaintiff’s motion for a new trial. The motion was made on the usual statutory grounds and was based on affidavits purporting to set forth newly discovered evidence. The order did not specify that the motion was granted on the ground of the insufficiency of the evidence to support the verdict.

The action was brought to recover damages for personal injuries sustained by the plaintiff as the result of a collision between the automobile in which she was riding as a guest and south-bound passenger train No. 84 of the defendant, known…