Thomas, Administrator v. Kansas Power & Light Co.

I am unable to agree with the majority opinion of the court insofar as a new trial is ordered on the ground *17of abuse of discretion by the trial court, and I set forth my views below.

It is the well-established rule in this jurisdiction that before a judgment will be reversed and a new trial granted because of misconduct of a juror in the jury room, it must affirmatively appear that the substantial rights of the complaining party have been prejudiced thereby. (Domann v. Pence, 183 Kan. 135, 325 P. 2d 321; Johnson v. Colorado Interstate Gas Co., 182 Kan. 474, 322 P. 2d 781; Randle v. Kansas…