Kullberg v. O'Donnell
Massachusetts Supreme Judicial Court
Tort, for slander. At the trial in the Superior Court, before Thompson, J., after the jury had retired to deliberate on their verdict, the judge sent for them, and in open court, though in the absence of counsel on both sides, gave them further instructions, as follows: “ I intended to call your attention before you retired to the importance of your coming to a verdict in this case. As you learned from the remarks of counsel, this case has been tried before.
Read the full summary
Tort, for slander. At the trial in the Superior Court, before Thompson, J., after the jury had retired to deliberate on their verdict, the judge sent for them, and in open court, though in the absence of counsel on both sides, gave them further instructions, as follows: “ I intended to call your attention before you retired to the importance of your coming to a verdict in this case. As you learned from the remarks of counsel, this case has been tried before. It is important, both for the plaintiff and for the defendant, that the jury should come to a verdict. The trial of a case is attended…
1Opinion of the CourtField, C. J.
The presiding justice sent for the jury after the case had been committed to them, and they were brought into the court-room while the court was in session, and in open court the justice further instructed them “in the absence of counsel on both sides,” after which the jury returned a verdict for the defendant. The plaintiff’s counsel contends, as matter of law, that he is entitled to a new trial, because the jury were thus instructed in his absence. In Sargent v. Roberts, 1 Pick. 337, 342, it was said: “No communication whatever ought to take place between the judge and the jury, after the…
2Cases cited1 opinion
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
3Cited by15 opinions
- Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
- Haven v. Town of BrimfieldMassachusetts Supreme Judicial Court · 1963
- Burton v. NeillSupreme Court of Iowa · 1908
- Burgess v. GiovannucciMassachusetts Supreme Judicial Court · 1943
10 more not listed; retrieve them via the Exa API.