Markaway v. Keesling

The plaintiff appeals from a judgment in favor of the defendant in a personal injury action tried by a jury. The jury also returned a verdict against the defendant on his cross-complaint.

Question Presented

The sole question presented is whether the jury was guilty of misconduct which would warrant the impeachment of its verdict.

The Record

This appeal is presented upon the clerk’s transcript. The basis of the appeal turns upon an affidavit by counsel for the plaintiff, the substance of which is as follows: That during the deliberations of the jury he had occasion to talk with a young lady who…