Buffalo Structural Steel Co. v. Dickinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. Dickinson, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 17th day of February, 1904, denying the defendant’s motion for a new trial made upon the ground that two of the jurors before whom the case was tried were guilty of misconduct during the trial which was prejudicial to the defendant.
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Appeal by the defendant, Charles E. Dickinson, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 17th day of February, 1904, denying the defendant’s motion for a new trial made upon the ground that two of the jurors before whom the case was tried were guilty of misconduct during the trial which was prejudicial to the defendant. The action was commenced on the 15th day of February, 1902, to recover $5,339.79, with interest thereon from January 1, 1902, the balance which the plaintiff claimed was due and…
1Opinion of the Court
McLennan, P. J.:
It is clearly misconduct on the part of jurors, during the progress of a trial, of their own motion to visit and inspect premises which are the subject of the litigation. Such an examination may put them in possession of facts which, although incompetent, would have a potential inuflence upon their decision and the parties would have no opportunity to explain such facts or to counteract such improper influence. By such conduct the jurors are in effect obtaining evidence, the nature or importance of which it is impossible for the parties to know. A jury trial is a public…
2Cases cited5 opinions
- People v. . ThornNew York Court of Appeals · 1898
- City of Indianapolis v. ScottIndiana Supreme Court · 1880
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Haight v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1899
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1890
3Cited by8 opinions
- People v. KudlaMichigan Supreme Court · 1923
- Dennis v. TishmanNew York Supreme Court · 1931
- Mitchell v. Rowley, New York County Courts1909
- Buffalo Structural Steel Co. v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1904
- Litzenberger v. LitzenbergerNew York Supreme Court · 1917
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