Ashdown v. Kluckhohn

During the course of its deliberations in these wrongful death actions, the jury requested further instruction upon a voting question. It appeared that the jury had decided, or was about to decide, in favor of the plaintiffs on the issue of liability by a vote of 5-1. The jury wished to know whether or not the dissenting juror should be permitted to participate on the issue relating to damages. The court then consulted in chambers with the attorneys for all parties who stated their respective positions. The attorney for the plaintiff, John Ashdown, as executor of the estate of Flora Ashdown,…