Bennington

In this case the plaintiff and respondent, T. A. Bennington, brought an action against defendant and appellant, National Packing Company, a co-partnership consisting of L. A. Chudacoff and Max Gold-ring, for injuries sustained in a collision with an automobile belonging to the defendants, and driven at the time by L. A. Chudacoff. The ease was tried by the court sitting with a jury, and the jury returned a verdict in favor of plaintiff for $15,000. The defendants made a motion for a new trial on all the statutory grounds; the motion was denied. Appellant appealed from the judgment and order denying the new trial. The sole point made on this appeal, and for which we are asked to reverse the judgment is that the trial court abused its discretion in not granting a new trial on the grounds of newly discovered evidence.

The only witnesses as to how the accident happened were the plaintiff and the defendant Chudacoff, and each claimed it was the other’s fault. The accident took place at the intersection of Sixth and St. Louis Streets, in the city of Los Angeles. Sixth Street runs east and west and St. Louis Street runs north and south. The plaintiff was driving a Ford coupe west on…