Everton v. Esgate
Nebraska Supreme Court
Error .to the district court for Holt county. Tried below before Tiffany, J. on misconduct of jury, cited: Proffatt on Jury Trials, Sec. 388. Special damages must be pleaded. Maxwell’s P. & P., page 90, note. 1 Sutherland on Damages, 763. Adams v. Barry, 10 Gray, 361.
1Opinion of the CourtMaxwell, J.
This action was brought by the defendant in error against the plaintiff to recover damages for an alleged assault and battery. The answer is a general denial. On the trial of the cause the jury returned a verdict in favor of the defendant in error for $1,000, and judgment was entered on the verdict.
The first objection is the misconduct of several jurors named. One Thomas Hudson makes oath that before one Jacob Ernst, one of the jurors, was called to sit in the case, he had a conversation with him, in which he talked over with him all the facts and circumstances connected with the case. Mr.…
2Cases cited2 opinions
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3Cited by6 opinions
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- Harshman v. RoseNebraska Supreme Court · 1897
- Glassey v. DyeNebraska Supreme Court · 1909
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