Cizler v. Cizler

Defendant appeals from an order entered July 8, 1963, granting plaintiff’s motion for a new trial on the ground of newly discovered evidence.

Appellant urges no facts are presented to show the evidence could not have been discovered with reasonable diligence, and that the evidence proposed is not of sufficient cogency to render it reasonable to suppose the court’s conclusion might have been otherwise if the evidence were presented.

The action is for damages for personal injuries and wrongful death. Plaintiff’s husband, the decedent, died June 6, 1959, as a result of injuries received June 19,…