Mickoleski v. Becker

The alleged newly discovered evidence; upon which defendant bases his motion for a new trial, would be material in the event of such trial on solely the issue as to whether plaintiff was so badly injured and disabled as the result of being assaulted and beaten by defendant on June 4, 1946, that he cannot run or even walk without a cane. On the first trial in June, 1947, plaintiff testified (briefly summarized) that as the result of the assault he was all banged up and stiff and sore; that every time he.twists his neck and shoulders it feels like sharp needles going through there all the way…