Allan D. Campbell v. Mandy Lea Clark

While I recognize that a witness’ recanting, after judgment, of the testimony he gave at a trial presents in any case an unsatisfactory situation, still I think that a new trial should be granted for that reason only in extreme cases and when the trial judge — not the appellate court— believes that there has been a miscarriage of justice and that in all probability a new trial will produce a different result.

The factual situation in the case at bar is quite clear-cut. An unfortunate collision occurred between two cars trav-elling in opposite directions in a severe snow storm which had covered…