Kueffer

The plaintiffs, husband and wife, brought this action to recover damages for injuries received as the result of a collision between an automobile operated by Mrs. Kueffer and an automobile operated by the minor defendant Darrell Bruce Smothers. It was alleged that the collision and resulting damage were the proximate result of negligence of the said defendant. His parents were made parties defendant, it being alleged that they had signed his application for an operator’s license. The owners of the vehicle operated by Darrell were made parties but were dismissed by reason of failure to serve with process. The action was tried to a jury, resulting in a verdict for the defendants. A motion for new trial was granted, and from that order the defendants appeal.

The motion for new trial was made upon three grounds, viz., the insufficiency of the evidence to support the verdict; second, newly discovered evidence; and third, error of law. The written order of the trial court granting a new trial was not based upon insufficiency of the evidence, as required by section 657 of the Code of Civil Procedure, and no affidavits in support of the motion were filed as required by section 658 of the…