Mirabito v. San Francisco Dairy Co.

THE COURT.

A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two, for the purpose of giving further consideration to the contention of appellants that the verdict was arrived at by means of a resort to chance and hence might be impeached by affidavits of the jurors.

The facts are stated in the opinion of Mr. Justice Spence as follows:

“This action was brought to recover damages for personal injuries sustained by plaintiff, a boy seven years of age. ■ A jury trial was had and a judgment for $5,000 was entered in favor of…