Patrick v. Victor Knitting Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Patrick, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 9th day of June, 1898, denying the plaintiff’s motion for an order setting aside the verdict of a jury in favor of the defendant and granting a new trial.
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Appeal by the plaintiff, James Patrick, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 9th day of June, 1898, denying the plaintiff’s motion for an order setting aside the verdict of a jury in favor of the defendant and granting a new trial. The appeal in this case is from an order of the Special Term denying a motion made by the plaintiff to set aside a verdict in favor of the defendant f.or the alleged misconduct of the members of the jury in using intoxicating liquors after the cause was finally…
1Opinion of the Court
Putnam, J.:
Under the doctrine stated in Rose v. Smith (4 Cow. 17); The People v. Douglass (Id. 28), and Brant v. Fowler (7 id. 562), the verdict rendered by the jury in this case could not, under the circumstances, be allowed to stand. In those cases it was held that the mere fact that one of the jurors drank intoxicating liquors during the progress of the trial was, of itself, sufficient cause to set aside the verdict. In Wilson v. Abrahams (1 Hill, 207) the correctness of this doctrine was denied. I shall hereafter have occasion to consider this case.
In People v. Schad (58 Hun, 571) the…
2Cases cited8 opinions
- Davis v. StateIndiana Supreme Court · 1871
- People v. GrayCalifornia Supreme Court · 1882
- State v. BaldySupreme Court of Iowa · 1864
- State v. BruceSupreme Court of Iowa · 1878
- Grottkau v. StateWisconsin Supreme Court · 1888
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