Kennedy v. Dzengielowski

I will consider the points raised by the moving party in the order in which they appear in his brief. The first is, “ That the plaintiff has not sustained the burden which the law places upon him.” The principal argument advanced is that, according to some evidence alleged to have been taken before the Industrial Board, plaintiff’s testimony was perhaps in some respects different from that upon this trial. This is not a motion for a new trial upon the ground of newly-discovered evidence, and the evidence taken before the Industrial Board was not before *636the jury in that case, and I think…