High v. Chick

The only question which we deem it necessary to consider in this case relates to an alleged error in fact in connection with the trial of the action. The facts upon which the *653question arises appear in part by the return of the justice and more fully by a stipulation of the attorneys for the respective parties, and are as follows: After the case had been submitted to the jury, all persons except the jury and the constable who was sworn to attend them withdrew from the room in which the trial had taken place, and the jury remained there to deliberate on their verdict. The room was in an…