Luyk v. Hertel

The bill herein was filed to set aside findings of the board of labor and industry, under the workmen’s compensation law, on the sole ground of newly-discovered evidence. Upon motion of defendants the bill was dismissed for want of jurisdiction in the court of equity. Plaintiffs appealed.

For the purposes of decision we accept as true every well-pleaded averment of fact stated in the bill. No fraud is alleged. The question is whether findings of fact, made by the board acting within its powers, can be set aside by the court of equity upon the ground of newly-discovered evidence.

Section 5465, 2…