Dyk v. DeYoung

Two questions are presented by this record, and insisted upon in argument. One is purely a question of fact, which, so far as we are concerned, has been conclusively settled by the judgment of the Appellate Court. The other question arises upon the refusal of 'the court to grant a new trial because of newly discovered evidence.

The action was to recover damages for assault and battery committed by appellant upon the person of appellee, who, as she alleges, was, at the time of the assault, enciente, and that her health was permanently affected by the injury she then received. The newly…