O'Nash

Action for damages for personal injuries. The cause was tried before a jury and resulted in a verdict and judgment in favor of the plaintiff for the .sum of |10,000.

A motion for a new trial was made principally upon the ground of newly discovered evidence. The motion was denied. From the judgment entered upon the verdict defendant Booth prosecutes this appeal.

Plaintiff 'was severely and permanently injured in the right arm and shoulder on October 1, 1928, at the intersection of Nineteenth and Q Streets, in the city of Sacramento, when the automobile in which he was riding as a guest of defendant and appellant, collided with another automobile driven by a man by the name of Mulligan.

The sole contention made for a reversal of the judgment is that the trial court abused its discretion in denying appellant’s motion for a new trial. The motion was heard upon the affidavit of one of the defendant’s attorneys and upon the counter-affidavits of plaintiff and Dr. June B. Harris, which affidavits reveal substantially these facts:

This accident occurred on October 1, 1928, and the injuries received by plaintiff, according to his testimony and that of his physician, consisted of a…