Legal Opinion

Gurney v. Minneapolis & St. Croix Railway Co.

Supreme Court of Minnesota

Decided July 15, 1889PublishedCited by 7 opinions

Appeal by the railway company from an order of the district court for Eamsey county, Brill, J., presiding, granting a new trial in a condemnation proceeding.

1Opinion of the CourtMitchell, J.

Appeal from an order granting a new trial on the grounds of irregularity and misconduct on part of both the jury and prevailing party. It was a “condemnation” or “right-of-way” case, and after the trial had commenced, by agreement of- counsel, the jury was directed to go out and view the premises. The alleged irregularity and misconduct occurred during this trip, and' was — First, that only 11 jurors made the view; second, that the railway company improperly attempted to influence the jury by furnishing them a box of cigars.

As to the first, it is sufficient to say that it appears that the…

2Cited by7 opinions

  1. Bowers v. American Bridge Co.New Jersey Superior Court Appellate Division · 1956
  2. Osmun v. WintersOregon Supreme Court · 1896
  3. Newman v. Great American Ins. Co.New Jersey Superior Court Appellate Division · 1965
  4. Cardwell v. StateAlabama Court of Appeals · 1911
  5. Stoelting v. HauckNew Jersey Superior Court Appellate Division · 1959

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