Wicker v. City of Cleveland

The sole question of law before this court is whether the lower courts were in error in refusing to grant the plaintiff a new trial on the ground of misconduct on the part of one member of the jury.

It is claimed that one of the ladies on the jury visited the scene of the accident and reported to the other jurors there was no hole in the pavement. At a h,ear ing on the motion for a new trial five of the six jurors were called and testified. One of them said:

“Well, it was during the discussion in the deliberation room, just one of the members said, ‘I passed by there and I didn’t notice any…