Rush v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying her motion for a new trial. A juror’s private investigation outside of court upon a matter affecting the controversy then before him may after verdict become cause for a new trial without regard to his intention, and it is to be presumed to have influenced the verdict in all cases, when it appears that it might have done so.
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Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying her motion for a new trial. A juror’s private investigation outside of court upon a matter affecting the controversy then before him may after verdict become cause for a new trial without regard to his intention, and it is to be presumed to have influenced the verdict in all cases, when it appears that it might have done so. Koehler v. Cleary, 23 Minn. 325; Aldrich v. Wetmore, 52 Minn. 164; Woodbury v. City, 52 Minn. 329; Peppercorn v. City, 89 Wis. 38; Harrington v. Worcester, 157 Mass. 579;…
1Opinion of the CourtStart, C. J.
The only question involved in this appeal is whether the trial court erred in denying the plaintiff’s motion for a new trial on the ground of the alleged misconduct of two of the jurors in visiting the locus in quo.
The plaintiff’s minor son was injured, on the evening of June 10, 1896, at the intersection of University avenue and Marion street in the city of St. Paul. He was knocked down by a bicycle rider and thrown partly upon the street-car tracks, and was powerless to move. While he was in this position he was struck and injured by a street car, by the negligence of the defendant, as the…
2Cases cited6 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
- Woodbury v. City of AnokaSupreme Court of Minnesota · 1893
- Peppercorn v. City of Black River FallsWisconsin Supreme Court · 1894
- Koehler v. ClearySupreme Court of Minnesota · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hempton v. StateWisconsin Supreme Court · 1901
- People v. Wong LoungCalifornia Supreme Court · 1911
- Briggs v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1957
- Evans v. KlusmeyerSupreme Court of Missouri · 1923
- People v. WhiteCalifornia Court of Appeal · 1907
17 more not listed; retrieve them via the Exa API.