NICHOLS, J.
1. The first special ground of the motion for new trial is based on newly discovered evidence. The defendant contends that since the trial of the case, and within the time when a motion for new trial may be made, an eyewitness to the collision has been discovered. The witness is the only eyewitness to the collision who is not an interested party to the case. An affidavit of the eyewitness as well as affidavits of his neighbors showing his good character...
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