Steiner v. Custer

I am of the opinion that the judgment of the Court of Appeals should be affirmed, because the trial court committed a gross abuse of its discretion in sustaining the motion for a new trial and in relying upon depositions of jurors respecting not only their voir dire examinations but in respect also of their jury-room deliberations.

No foundation by evidence aliunde was laid for the introduction of such depositions. Nothing in the depositions showed any prejudice to the plaintiff. The admission of such depositions was. arbitrary.

The voir dire examination of the jurors was not reported at the…