Sims v. Dietrich

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for injuries sustained in an automobile accident. At the trial, and. after she had introduced her evidence, plaintiff moved to dismiss as against the defendant Farm Mortgage Investment Company, the motion being allowed. Under the pleadings the defendant Elmer E. Scott Investments is one and the same as defendant Elmer E. Scott. Scott’s *311demurrer to plaintiff’s evidence was sustained. Plaintiff filed a motion for a new trial, alleging, inter alia, newly discovered evidence, but on the hearing none was…