Kersey Manufacturing Co. v. Rozic

Opinion by

Mr. Justice Jones,

The sole question raised on this appeal1 is whether the action of a trial judge in communicating with a *566jury, through a court crier and in the absence of unnotified counsel, requires the grant of a new trial?

On April 10, 1959, Kersey Manufacturing Co. (Kersey) instituted an assumpsit action in the Court of Common Pleas of Butler County against August Rozic (Rozic). Suit was based upon a written conditional sales contract involving certain heavy machinery. After a jury trial, the jury returned a verdict against Kersey and in favor of Rozic. Motion for a new trial…