City of Kinsley v. Morse

Opinion by

ClogstoN, C.:

At the November, 1886, term of the district court of Edwards county, the defendant in error obtained a judgment against the city of Kinsley for $4,400 for personal injuries received by the plaintiff’ by falling into an open cellar-way in said city. This action was brought to set aside that judgment, for misconduct of the jury before whom said action was tried. At the March term, 1887, a trial was had before the court without a jury, and the court made special findings of fact and conclusions of law, which clearly state a history of this action. The findings are as…