Wegner v. Chicago & North Western Railway Co.

Plaintiff raises the question: Should there be a new trial in a civil action where there are communications between the bailiff and the jury, as in this case, while the jury is deliberating on the verdict?

The original order for judgment on the verdict was entered March 20, 1951. On the following day plaintiff moved for a new trial on the basis of an alleged affidavit by Henry Kronenwetter, one of the bailiffs, to the effect that while the jury was deliberating he was called by the jury to request of the judge that some additional testimony be read to it; that he communicated the request to…