Smith v. S & F Construction Co.

This is an appeal on a short record from a judgment entered upon a jury verdict for the plaintiffs (respondents) in an action against the defendant (appellant) for the maintenance of a nuisance.

The only question presented by the defendant’s statement of points and brief on appeal relates to whether the verdict of the jury was sufficient to support the judgment entered by the trial court. The defendant contends the trial court erred in extensively questioning the jurors after two jury polls had disclosed that only 9 jurors, instead of 10, agreed with the verdict as read by the jury foreman.

The…