Austrem v. American Savings Bank & Trust Co.

Holcomb,

-In this action to recover damages for alleged personal injuries sustained through the negligence of appellant in locking him in its fire-proof and air-tight safety-deposit vault for three hours, the jury returned a verdict for appellant.

Upon motion therefor by respondent, the trial court set the verdict aside and granted a new trial. The trial court specified two grounds upon which the new trial was granted. First, insufficiency of the evidence to justify the verdict; and second, misconduct of the jury.

On appeal, as entitling it to a reversal, appellant urges that the record of the…