MITCHELL v. FORSTER

No. 5850.

282 P.2d 708 (1955)

59 N.M. 226

Joe MITCHELL, Appellant, v. Claude R. FORSTER, Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 4, 1955.


Attorney(s) appearing for the Case

C. R. Brice, Thomas B. Forbis, Roswell, for appellant.

Frazier, Cusack & Snead, Roswell, for appellee.


SADLER, Justice.

The question for decision is whether following a jury verdict for defendant, the trial court abused its discretion in denying plaintiff's motion for a new trial on the ground of a newly discovered eye witness to the automobile collision in which plaintiff suffered the injuries and loss made the basis of his action for damages.

The plaintiff's evidence disclosed he was traveling north on Main Street in the city of Roswell around six o'clock...

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