Moon v. Finkle

Appeal from a resettled order of Trial Term, Supreme Court, Warren County. A verdict in favor of the defendant has been set aside by the court at Trial Term on the ground that plaintiff was prejudiced by the attitude of mind of a juror who participated in the verdict. The action is for negligence and involves injuries claimed to arise from the loading of a truck. The questions asked the jury panel before being sworn were not stenographically taken and are in dispute. Plaintiff’s affidavits show that the jurors called were asked collectively if they “ had any prejudice against an automobile…