City of Colorado Springs v. Duff

Duff sued the city of Colorado Springs to recover damages for injuries caused by the city’s negligence in failing to care for one of its streets. The cause was tried to a jury and Duff had a verdict for $950 on which, after the overruling of a motion for a new trial, judgment was entered and therefrom the city prosecutes this appeal.

The appeal is wholly based on what are alleged to have been irregularities on the part of the jury in arriving at a verdict. The motion is supported by the affidavits of two jurors who substantially testified that the jurymen marked on slips the amount of the…