Barefoot v. Penn Central Transportation Co.

Opinion by

Jacobs, J.,

The issue presented by this appeal is whether the lower court erred in recording a verdict when one of the jurors had said on being polled in open court that it was not his verdict, but that he had earlier agreed *560to it in the jury room. We find there was no verdict to record, and, therefore, reverse.

Plaintiff commenced this suit in trespass against the Penn Central Transportation Company and the trustees of its property for the wrongful death of his decedent, Bonald Duane Barefoot, a 10-year-old boy. The case proceeded to trial, and the jury returned a written verdict…