Cleveland Ry. Co. v. Myers

OPINION

By TERRELL, J.

To decide the question under consideration, we do not find it necessary to consider what transpired in the jury room. We conclude that when juror Harrison, in response to the questions put to him, failed to disclose that he had suffered such personal injuries in an accident, by reason thereof defendant was thereby denied a substantial right, the right to challenge him upon “suspicion of prejudice” or, peremptorily, arid this was misconduct materially affecting defendant’s rights.

The statute, §11419-52 GC, provides the right of a party to challenge a juror “on suspicion of…