McDowd v. Pig'n Whistle Corp.

This is an appeal from a judgment in favor of the plaintiff entered on the verdict of a jury in a negligence action. The chief contention made by appellant for reversal of the judgment is that the trial judge permitted the jurors to separate after the case was submitted to them.

The record discloses that after the case had been submitted to the jurors for their deliberation, at the request of the trial judge, they were returned to the courtroom at about 5 o’clock in the afternoon, and questioned by him as to whether they could reach a verdict. Receiving conflicting views from the jurors the…