McNulty v. Stewart
Supreme Court of Minnesota
This action was brought in the District Court for Ramsey County, issue was joined and the cause was tried before a jury, and a verdict rendered for the defendant. A motion was made by the plaintiff for a new trial.
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This action was brought in the District Court for Ramsey County, issue was joined and the cause was tried before a jury, and a verdict rendered for the defendant. A motion was made by the plaintiff for a new trial. Certain matters which transpired while the jury were deliberating upon their verdict, are the grounds of the motion, and these are made to appear by affidavit and counter affidavit, which are sufficiently stated in the opinion of the Court; the court below denied the motion, and from the order denying the same, the plaintiff appeals to this Court.
1Opinion of the Court
By the Court
Berry, J.
The jury by which this cause was tried, having retired to deliberate upon their verdict, and *435having been out for this purpose about twenty-four hours, were brought in and asked by. the court if there was any probability that they would agree upon a verdict; whereupon, the foreman responded that the jury stood eleven to one. The affidavit made in behalf of the appellant upon the motion for a new trial below, sets forth that, <£ thereupon the court stated, that it was a very important matter that the jury should agree, and that he thought that they had better make another…
2Cited by1 opinion
- Gibson v. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co.Supreme Court of Minnesota · 1893