Osann v. Sears, Roebuck & Co.

The above-entitled action was tried before this court without a jury. After trial a decision was rendered in favor of defendant. Plaintiffs now move, pursuant to section 549 of the Civil Practice Act for a new trial, or, if that be denied, *34for an order directing the taking of additional testimony, and for a new or modified decision granting judgment to plaintiffs.

The heart of the application is the prayer that additional testimony be taken. The authority for such action was created effective September 1,1951. No reported decisions on this type of application have been called to the court’s…