134 Minn. 189 | Minn. | 1916
The facts of the case as disclosed by the record are substantially as follows : Defendant was accidentally injured while in the employ of plaintiffs. The parties were subject to the Workmen’s Compensation statute, and recognizing their liability thereunder plaintiffs, soon after the injury, commenced paying to defendant the sum of six dollars a week, and continued the same for the period of 25 weeks. No proceedings had been brought in court to compel such payments or to otherwise require plaintiffs to compensate defendant for his injuries, and plaintiffs’ act in making the payments was entirely voluntary. After the expiration of the period of payment, 25 weeks, and on May 10, 1915, plaintiffs brought proceedings against defendant in the district court of Rice county in which all the parties reside, and set out in their complaint the facts just outlined, and, further, facts made the basis of a claim on their part that the injury suffered by defendant caused only a temporary partial disability from which defendant had fully recovered. The relief demanded was that the court appoint a time and place for a hearing of the matters alleged. Defendant answered, denying the allegations to the effect that he had recovered from his injury. The matter came on for trial and, after hearing the evidence presented by the respective parties, the court found as a fact that defendant had entirely recovered from his injury; but that he was entitled to recover of plaintiff certain expenses incurred in effecting his cure, and the sum of $27, the amount found due to defendant in discharge of plaintiffs’ full liability under the Compensation Act. Judgment was entered accordingly on June 3, 1915. The judgment was paid and satisfied on the same day. It is conceded that the effect of the judgment and payment thereof fully discharged plaintiffs from further liability to defendant. Thereafter, on September 18, 1915, defendant, through counsel other than the attorney who acted for him in the proceeding just mentioned, moved the court for an order vacating the judgment, and for leave to present to the court newly discovered evidence to the effect that defendant had not recovered from his injury, and that an injury exists which was not discovered or known when the former trial
(1) Whether the court has power, upon a sufficient showing of newly discovered evidence, to open a judgment awarding compensation.
(2) Whether, if it has such power, a sufficient showing was made.
Order affirmed.