Schmitz v. Yant

Plaintiff brought an action against defendants for loss of consortium, claiming this loss occurred as the result of an injury to her husband caused by defendant’s negligent operation of an automobile. A trial was had which resulted in a defendants’ verdict. Plaintiff filed a motion for a new trial. The court granted a new trial on the court’s own motion—not upon plaintiff’s motion. However, the order recited that the court had considered the affidavit of one of the jurors filed as a basis for plaintiff’s motion. Defendants appealed from the court’s order granting a new trial.

The affidavit…