Ralston v. Tucker

1 The present appeal involves alleged error of the trial court in granting a new trial on account of newly discovered evidence in an action in which defendant in error, hereinafter referred to as plaintiff, sued plaintiff in error, hereinafter referred to as defendant, for damages resulting from a collision between plaintiffs automobile and defendants truck on the main street of Healdton, Oklahoma, in June, 1955. Contact between the two vehicles occurred while the truck was being driven west on said street at, or about, the time plaintiff was attempting to back his car into said street from its parking place diagonal to the curbing along the north side of said street.