Tarabochia v. Johnson Line, Inc.

This is an appeal from an order granting a new trial. The respondent, Tarabochia, who was injured while working as a longshoreman unloading cargo from the hold of a ship belonging to the appellant, was denied recovery by the verdict of a jury which found that the vessel was seaworthy. Affidavits obtained from two jurors by the respondent showed that they had performed a test or experiment in the jury room and that the results were “considered” by the members of the jury in arriving at their verdict. The trial court held that this was misconduct, justifying a new trial.

At the same time, the…