Schimke v. Milwaukee & Suburban Transport Corp.

The sole issue is whether the trial court abused its discretion in refusing to order a new trial in the interests of justice because of the physical condition of the jurors.

While it is true as the defendants contend, “[a] juror should, of course, be free from such physical infirmities and mental defects as will interfere with or preclude the proper discharge of his duties” 2 from the record before us, it cannot be said with any degree of certainty that illness affected the deliberations of any of the jurors.

The trial judge in the memorandum opinion on motions after verdict stated:

“The illness…