Tbis cause is one essentially of fact, and tbe facts have been found by the jury adverse to the plaintiff, under a charge which fully presented the evidence and the law arising thereon to the jury.
The negligence, if any, of the defendant Hill prior to the time the truck stopped on the highway is immaterial. The evidence fails to disclose that either, the condition of the truck, or the fact that it was overloaded, in any manner contributed to or proximately caused the fall of the plaintiff. The only material allegation of negligence on the evidence in this case against the defendant Hill is the allegation that said defendant directed the plaintiff to climb up on the fender to adjust the corn. The jury has found the facts on this allegation adversely to the plaintiff. The jury has likewise found that the plaintiff failed to sustain his allegations of negligence as to the defendant Smathers.
We have examined all of the assignments of error of the plaintiff and find in none of .them sufficient cause for disturbing the verdict and judgment.
Motion for new trial for newly discovered evidence has been filed. The newly discovered evidence relied upon by the plaintiff would tend to impeach and falsify the testimony of witnesses as to circumstances under which the truck was loaded, and to show that the defendant Hill was in fact present at the time the truck was loaded. This evidence, under the facts in this case, would in any event be immaterial. In the judgment below there is
No error.