Swift & Co. v. Kirkley

This is an appeal from an order granting a new trial from a judgment for the defendants in a personal injury action. Plaintiff was injured when a bicycle he was riding and a truck driven by James A. Chronister, an employee of defendant Swift & Company, collided at a street intersection in Claremore, Okla.

On motion for new trial it was developed that the jury had obtained possession of an exhibit excluded by the trial court, and that two of the jurors viewed the premises where the accident occurred during the trial. On request of the defendants to give the reasons for the granting of the…