Gibbard v. Evans

Miller, Judge:

We are called upon by defendant to reverse the judgment below in favor of plaintiff for twelve thousand dollars, damages assessed by the jury for personal injuries sustained from the collision, on March 21, 1920, in the city of Huntington, of two automobiles, one owned and being driven by defendant, the other owned by plaintiff and her husband and being driven by the latter.

The questions presented are not many, nor difficult to solve. The first is that defendant should have been granted a new trial on his motion based on newly discovered evidence. The evidence tendered was that…