Szyperski v. Swift Company

Loring, Justice.

This case comes here on an appeal from an order denying the motion of defendants Swift & Company and E. R. Skoglund for a new trial on the ground of newly discovered evidence. The case was previously before this court, and our opinion is reported in 198 Minn. 154, 269 N. W. 401. Reference to that opinion may be had for a statement of facts. The defendants claim that pending the previous appeal they discovered certain evidence which indicated intoxication on the part of plaintiff’s deceased at the time of the accident and that after this court had affirmed the decision of the…