Losey v. Creamer

OPINION

By MAUCK, J.

This was an action for personal injuries in which Losey sought to recover from Creamer, charging the latter with so negligently operating his automobile as to result in the plaintiff’s injury. The jury by the concurrence of ten of its members found for the defendant. The plaintiff sought to set aside the verdict on the ground of newly discovered evidence and on the further ground of misconduct of the jury. The trial court overruled both motions.

In this proceeding we have no bill of exceptions containing the evidence at the trial but only the evidence taken upon the hearing…