Sabraski v. Northern States Power Co.

Defendants appeal from an order of the Benton County District Court adopting a so-called “second verdict” and denying their alternative motion that the court adopt the answers originally given by the jury in its “first verdict” or grant a new trial. Having determined that the circumstances disclosed by the clerk of court under oath in response to questions by the parties’ attorneys and by the foreperson of the jury in response to questions of the trial court compel the conclusion that neither verdict can stand, we reverse the order and remand for a new trial.

Plaintiff sustained injuries…