Levine v. Gallup Sand & Gravel Co.

OPINION

SPIESS, Chief Judge.

The principal issue presented by this appeal is whether, in a civil action, a poll of the jury may be demanded by a party as a matter of right, or whether the request for a jury poll is to be treated as discretionary.

The action was one seeking recovery of damages for wrongful death. Judgment on the verdict was rendered on May 28, 1970, for the defendant, and, in addition to the general verdict, the jury answered two special interrogatories favorable to defendant.

After the verdict and special interrogatories had been returned in court and read by the judge, appellant…