City of Holdenville v. Deer

GIBSON, V. C. J.

This is an action against the city of Holdenville to recover damages for the pollution of a stream. Verdict for defendant was set aside and new trial granted on plaintiff’s motion, and defendant appeals.

According to the record and the briefs, the motion was sustained on the sole ground that plaintiff was prevented from having a fair trial as a result of the alleged irregular or illegal selection of additional jurors to supplement the regular panel for the trial.

The record shows that immediately prior to the trial the regular panel was found to be insufficient, and the court,…