District Court, W.D. Kentucky February 15, 1957, No. 574 (Skinner v. Lundy)

SWINFORD, District Judge.

This case is before the court on the defendants’ motion for a new trial.

The motion is made on the single ground that the court erred in overruling the defendants’ motion for a continuance on the day of the trial.

The facts out of which the case arose are as follows. The plaintiff was driving a truck in a northerly direction on U. S. Highway 31 W on May 21, 1955.