Norcross v. Willard
Supreme Court of Vermont
Petition to tbe Supreme Court for Essex County at its October Term, 1908, for a trial on the ground of the misconduct of a juror. Heard at the Special Term at St. Johnsbury, April, 1909, on testimony taken and filed. It is good cause for a new trial that one of the jurors had, before trial, expressed his opinion on the merits in favor of the successful party.
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Petition to tbe Supreme Court for Essex County at its October Term, 1908, for a trial on the ground of the misconduct of a juror. Heard at the Special Term at St. Johnsbury, April, 1909, on testimony taken and filed. It is good cause for a new trial that one of the jurors had, before trial, expressed his opinion on the merits in favor of the successful party. Doming v. Hurlbut, 2 D. Chip. 45; French v. Smith, 4 Yt. 343; State v. Clark, 42 Yt. 629. And the same principle should govern where such opinion is expressed during the trial.
1Opinion of the CourtRowell, C. J.
This is a petition for a new trial of an action by the petitionee against the petitioner for malpractice as a physician in treating the petitionee’s injured wrists. The ground of the petition is the misconduct of jurors in talking about the case during the trial.
It is objected that the petition should have been accompanied by the affidavit of the petitioner’s attorney, negativing knowledge on his part in the time of it of the misconduct alleged. But the misconduct was such, and such .the time of its occurrence, that that was not necessary, as shown by McDaniels v. McDaniels, 40 Vt. 363.
The…
2Cases cited1 opinion
- McDaniels v. McDanielsSupreme Court of Vermont · 1867
3Cited by7 opinions
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- Isabelle v. Proctor HospitalSupreme Court of Vermont · 1971
- Hannah v. HannahSupreme Court of Vermont · 1923
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