Svenson v. Chicago Great Western Railway Co.

This is a personal injury case, the trial whereof *15resulted in a verdict for the defendant. The trial court, on motion of plaintiff, granted a new trial, on account of the alleged misconduct of the jury, and the defendant appealed from the order.

The granting of a new trial for the misconduct of the jury is a matter resting largely in the discretion of the trial court. While this is not an arbitrary discretion, yet where there is competent evidence fairly tending to rebut the presumption of right action on the part of the jury, and to sustain the charge of misconduct, the exercise of' the trial…