Ostmo v. Tennyson

Burr, Ch. J.

This is an appeal from a judgment entered January 31, 1940, and from the order denying a motion for a new trial made March 20, 1940. It is important to note the latter date because of the attitude of appellant with reference to a subsequent motion for a new trial based upon the ground of newly discovered evidence, which motion was overruled.

There was a collision between a truck being driven westward by the plaintiff on highway No. 2, and an automobile being driven northward by the defendant at right angles to the highway, and near Emerado. In his complaint, plaintiff charges the…