Arrington v. Robertson

MARIS, Circuit Judge.

The sole question presented on this appeal is whether it was reversible error for the trial judge, in the absence of counsel for the parties and without notice to them, to send instructions in writing to the jury, pursuant to an inquiry by them, after they had retired from the court room and while they were in the jury room deliberating upon their verdict. , The instructions thus given consisted of a copy of two points for charge which had been presented by the plaintiffs at the close of the trial judge’s charge, affirmed by him and excepted to by the defendant. The…