Whitney v. Whitman
Massachusetts Supreme Judicial Court
In this action, after the parties were heard, and the judge had summed up the evidence, and given the jury the necessary direction in matters of law, when the papers were delivered to the jury, a material paper, not read in evidence, was delivered to them by mistake, which was not discovered until the jury had returned into Court, and had delivered their verdict. The party against whom the verdict was found, now moved the "C«>urt for a new trial for this cause.
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In this action, after the parties were heard, and the judge had summed up the evidence, and given the jury the necessary direction in matters of law, when the papers were delivered to the jury, a material paper, not read in evidence, was delivered to them by mistake, which was not discovered until the jury had returned into Court, and had delivered their verdict. The party against whom the verdict was found, now moved the "C«>urt for a new trial for this cause. On examining the paper, it appeared to the Court to furnish material evidence in favor of the party prevailing ; but he moved the…
1Opinion of the Court
The Court refused to examine any of the jurors, and observed that the Court must be governed by the tendency of the paper apparent from the face of it; that it was not pretended that the jury had not read it, and it would be difficult for jurors, where, as in this case, there was much evidence of different kinds, clearly to decide in what manner their minds were influenced in forming their verdict. As it was received by the jury among other written evidence, and read by them, it must be presumed that they considered it as evidence, and gave due weight to it. [ * 406 ] * The verdict was…
2Cited by26 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- State v. RobinsonWest Virginia Supreme Court · 1882
- Atkins v. StateSupreme Court of Arkansas · 1855
- Aldrich v. WetmoreSupreme Court of Minnesota · 1893
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