Schrader v. Gertner

In an action to recover damages for personal injuries, plaintiff appeals from a judgment in favor of defendant entered upon a verdict of a jury. Judgment unanimously affirmed, with costs. The trial court did not err in denying defendant’s motion to set aside the verdict, which motion was based on affidavits made by five jurors. Although it is a well-settled rule of public policy that affidavits of jurors will not be received to impeach the verdict (People v. Sprague, 217 N. Y. 373, 381; Dalrymple v. Williams, 63 N. Y. 361; Williams *1065V. Montgomery, 60 N. Y. 648; Payne v. Burke, 236 App. Div.…