Brock v. Smith

COMBS, Justice.

The judgment of the trial court is for $800 entered on a jury’s verdict in an automobile collision case. The only ground relied on for reversal is the alleged misconduct of one of the jurors.

At the conclusion of the evidence for the defendant, but before plaintiff introduced his rebuttal testimony, the court, preparatory to recessing for luncheon, gave to the jury the usual admonition not to talk about the case among themselves or permit any other person to talk to them about it during the recess.

During the luncheon hour, as related in the affidavit of W. N. Lovins filed in…