Fitzgerald v. Fishburn

Plaintiff minor and his father sought damages for injuries suffered by the son in the collision of his bicycle and defendant’s pickup truck. Verdict was for defendant. Plaintiffs’ motion for new trial was granted on the ground of newly discovered evidence (Code Civ. Proc., § 657, subd. 4). Defendant appeals.

The accident occurred between 6:45 and 7 p.m., October 15, 1959, at an unlighted intersection. There was sharply conflicting testimony as to the degree of visibility, some witnesses testifying that it was dark, and others that it was but dusk, with good visibility up to 100 yards. Sunset…