Friedman v. Ralph Brothers, Inc.

Opinion bx

Me. Justice Kephart,

Plaintiff requested a new trial in the court below because of the improper conduct of the foreman of the jury in personally visiting the place where the accident occurred, the liability for which was then before the jury, and communicating knowledge learned while at the place of the accident to other members of the jury. The foreman denied some of the charges, and the jurors were not in accord as to what the foreman had related.

We cannot condemn too severely the act of a juror personally viewing the place of an accident or any matter subject to judicial…