Stayberg v. Henderson

Murphy, Justice.

This is an appeal from an order of the district court denying plaintiffs’ motion for a new trial in an action for damages resulting from an automobile collision. The motion was based upon alleged prejudicial error which is claimed to have resulted from a breakdown in communication between the jury and the trial judge during the jury’s deliberations.

It appears from the record that the jury returned verdicts in favor of defendants as to both plaintiffs. Plaintiffs’ motion for a new trial was supported by an affidavit of a member of the jury to the effect that, shortly before 8…