Leal v. Aluminum Company of America

OPINION

NYE, Justice.

This is a personal injury damage suit. The jury found the defendant negligent and the plaintiff contributorily negligent. The principal question upon appeal is one of jury misconduct. Proof of the alleged misconduct arose in an unusual manner. The trial court denied the motion for new trial and the plaintiff has perfected his appeal to this Court.

During the time the jury was deliberating, the trial judge was called to the ad*944joining county to receive the report of a grand jury of that county. In his absence and while the jury was deliberating, the attorneys sat in the jury…