Womack Ex Rel. Womack Ex Rel. Womack v. McCullough

EAGER, Presiding Judge.

This is an appeal by defendant from an order granting plaintiffs a new trial on the ground of newly discovered evidence, after a verdict for the defendant. The suit is one by a minor and his father for personal injuries and expense resulting when defendant’s car struck the minor, while he was riding a bicycle. The amount prayed in the first count for personal injuries was $20,000, — in the second count, $5,000. The facts may be stated rather briefly.

The injury occurred on Sycamore Street, where it runs along the east side of the square in Van Burén; the date was August…