Birmingham Electric Co. v. Yoast

FOSTER, Justice.

The question presented by appellant on this appeal is whether the court committed reversible error in granting a motion for a new trial made by appellee, who was plaintiff in the trial court, upon the ground that, after the trial of the case, plaintiff’s counsel ascertained that a juror, one Lee Cole, was biased and prejudiced in favor of the defendant, and as to which plaintiff and his counsel were not negligent. There was verdict and judgment for the plaintiff in the sum of $1,350.

The suit was for personal injuries, as a result of a collision of defendant’s street car with…