Knickerbocker v. Erie Railroad

It is a cardinal principle of our common law that trial jurors shall be entirely unbiased; and when bias is disclosed, even after verdict, the courts do not hesitate to set verdicts aside. (Slater v. United Traction Co., 172 App. Div. 404; McGarry v. City of Buffalo, 70 Hun, 597; Knice v. Hedges, 119 Misc. 1.) In the instant case the trial court declined to grant a mistrial, even on a third application, while the trial was in progress. However, upon affidavits presented to the same justice at Special Term after a verdict had been rendered for plaintiff the court granted a new trial because of…