Wolfe v. Union Pacific Railroad

This is an action to recover damages for personal injuries. The jury returned a verdict for plaintiff. Defendant moved for a new trial on the ground that one of the jurors, Sherman Olson, had visited the scene of the accident. The trial court granted the motion. Plaintiff appeals from the order granting a new trial. Defendant cross-appeals assigning as error the denial of its motions for nonsuit, directed verdict and judgment n.o.v.

The facts are as follows. On October 18, 1958, at approximately 8:45 a.m., plaintiff was driving his automobile in a westerly direction on N. E. Halsey street in…