Wiedenhaupt v. Hoelzel

The appellants claim: (1) That the finding of the jury that Hoelzel’s negligent lookout was a proximate cause of the accident is not supported by credible evidence; (2) that deceased’s negligence was as great as or greater than Hoelzel’s negligence; and (3) that appellants are entitled to a new trial on the ground that the jury received a communication from the judge, not in open court.

As to the last contention, it is the well-settled rule in this state that all proceedings in a case shall be open and public; that any communication with the jury, after the case is submitted to them and they…