Stone v. City of Florence

Circuit Judge L. D. Eide, Acting Associate Justice,

delivered the unanimous Opinion of the Court:

This is an appeal by the defendant from an order granting a new trial upon the ground that two or three jurors, while the jury were viewing the premises, had conducted an experiment, and had thereby taken evidence outside of Court, to the prejudice of the losing party, a verdict having been later rendered in the case in favor of the defendant. The case was tried at the September, 1942, term of the Court of Common Pleas for Florence County before Hon. G. Duncan Bellinger, presiding Judge, and a jury.