Lyberg v. Holz

This is an action to recover for the alleged wrongful death of the infant child of the plaintiffs. Trial was had to a jury, which rendered a verdict for the defendants. A motion for a new trial was interposed and denied. Judgment of dismissal was entered on the verdict, and the plaintiffs have appealed.

The sole question raised here is: Did the trial court err in refusing to grant a new trial on the ground of misconduct on the part of the jury? The facts thought to establish misconduct are shown by the affidavits of three of the jurors. There are no controverting affidavits, and the facts set…