Brecht v. Town of Bergen

Plaintiffs appeal from an order denying their motion for a new trial.

Appellants, who had petitioned the town hoard of Bergen township, McLeod county, to establish a township road, appealed to the district court from an order denying the petition. The case on appeal was tried to a court and jury, resulting in a verdict sustaining the town board on the merits.

The only ground for a new trial presented .on this appeal is the alleged misconduct of counsel for respondents, arising from the circumstance that a member of the jury before which the case was later tried (a lady) was transported with two…