Grooms v. Zander

Brailsford, Justice.

In this action for the wrongful death of Verne Carol Gilchrist the trial judge declared a mistrial and discharged the jury because of the failure of the jurors to agree upon a verdict. Thereafter, he issued an order undertaking to “direct a verdict” for the defendant and dismissing the action. The plaintiff has appealed and by her first exception challenges the jurisdiction of the court to issue such an order after the trial had terminated. The question is novel in this jurisdiction and no helpful precedent has been cited. The following excerpt from the statement of the…