Schmoyer v. Bourdeau

HONORABLE W. W. LESSLEY, District Judge,

sitting in place of

This personal injury damage suit was tried to a jury, and a verdict in favor of the plaintiff in the amount of $4,514.30 was returned.

A timely motion for a new trial was made by the plaintiff. This motion was denied by the District Court.

The sole issue for decision here is the single specification of error of the District Court in denying the motion.

The motion for new trial was supported by the affidavits of four of the trial jurors. These affidavits charged misconduct of the jury, during its deliberations. It was submitted without…