Kaltenborn v. Bakerink

*17OPINION

By the Court,

McNamee, J.:

This is an action for damages resulting from the alleged negligence of the defendants (appellants herein). The jury rendered a verdict of $58,000 for respondent and judgment thereon was entered. Thereafter, appellants moved for a new trial in part upon the ground of “misconduct of the jury.” The motion was based on the affidavit of William R. Morse, one of the attorneys for appellants, and the oral testimony of Edward I. Cohen, foreman of the jury.

Appeal is from the judgment and from the denial of appellants’ motion for a new trial.

It appears from the Morse…