Evans v. Roth

BARKDULL, Chief Judge.

Appellants, who were plaintiffs in the trial court, appeal an adverse final judgment rendered upon a jury verdict in a personal injury action.

The principal issues preserved for review by this court are the failure of the trial court to direct a verdict of liability in favor of the appellants, and the failure to grant a new trial upon the motion thereon because of alleged prejudice and bias of the jury, as reflected by the affidavits of a spectator in the courtroom and the foreman of the jury which were tendered with the motion for new trial. The purport of the affidavits…