Kerner v. Surface Transportation Corp.

After deliberating for about two hours, the jurors asked to have reread the court’s charge, the testimony of plaintiff Kerner and that of defendant Kelly. The court in declining to comply stated that it did not believe it necessary to read the entire charge or the entire testimony called for, but intimated to the jury that it could have any particular portion of the charge or any particular part of the testimony which was desired. The refusal to comply with the jurors’ request was duly excepted to by all parties. A ten to two verdict in favor of plaintiff and against all three defendants was…