Henderson v. Falgout

REID, Judge.

MOTION TO REMAND TO TRIAL COURT FOR ADDITIONAL EVIDENCE BY PLAINTIFF-APPELLANT

Plaintiff, James H. Henderson, appellant in this case filed a motion to remand this matter to the Trial Court to take the testimony of two purported eye witnesses Mr. and Mrs. Archie Falgout either by affidavits, depositions or in the form of a trial.

Pursuant to an order dated December 29, 1965 the parties were ordered to show cause by briefs on or before January 20, 1966 why the motion should or should not be sustained.

The facts as stated in the motion show that James H. Henderson was injured in a three…