Maggio v. City of Cleveland

In presenting this appeal, and in asking a reversal of the judgment rendered against it, the city contends that it did not have a fair and impartial trial, and was materially prejudiced in two important respects:

1. By the failure of the trial court to sustain the city’s motion to withdraw a juror and declare a mistrial for manifest misconduct of one of plaintiff’s counsel in his opening statement to the jury.

2. By the failure of the trial court to sustain the city’s motion for a new trial on the ground that two of the jurors were chargeable with misconduct in not answering truthfully…