Weatherhead v. Burau

Christianson, Justice.

Defendant appeals from an order granting plaintiff a new trial.

In a personal injury action based on negligence the case was submitted to the jury at 12:53 p. m. on November 1, 1951, with the instruction that if the jurors agreed on a verdict after the court had adjourned they were to return a sealed verdict when court convened on the following day. At 7:15 p. m. the jury agreed on a verdict which was then sealed, and the jury separated for the night. The following morning one of the jurors came into tbe trial judge’s chambers before the opening of court and informed the…