Husting v. Dietzen

The principal error relied upon by the appellants is based on the following occurrence: It appears that the case was submitted to the jury at 11:25 a. m. The jury returned into court at 7 :45 p. m. The court inquired of the jury if they had agreed upon a verdict, to which inquiry the foreman responded in the affirmative. Thereupon the court said:

“Members of the jury, I will read this verdict to you, and then I will have some questions to ask about it.”

It then appeared that the jury had answered subdivision (a) of Question No. 1, with reference to negligence of the driver of the Dietzen truck…