Argo v. Goodstein

Opinion by

Mb. Justice Cohen,

This is a trespass action in which appellee, a blind man, seeks to recover damages for injuries sustained as a result of a fall. We heard argument on this matter, but allowed reargument because we had failed to consider at length a question which has been a determining factor in three recent decisions of this Court. That question is whether a new trial should be granted because of a secret communication between judge and jury without the presence of counsel.

The instant jury retired for deliberations at 10:87 a.m. on May 19, 1964. After breaking for lunch, the jury…