Filed Date: 4/16/1956
Status: Precedential
Modified Date: 10/28/2024
In an action to recover damages for personal injuries, the appeal is from an order denying appellant’s motion, returnable at Special Term, January 31, 1955, to set aside a verdict rendered on January 18, 1955, and to grant a new trial, on the ground that there had been an improper and irregular interference with the jury during the course of its deliberations. Order unanimously affirmed, with costs. Appellant claims, in substance, that the jury, while deliberating, sent a court officer to inform the court that it sought further instructions; that the court officer summoned the court clerk; that the court clerk entered the jury room and instructed the jury with respect to its request, and that shortly thereafter the jury rendered a verdict for $10,000 in favor of respondent. A motion to set aside the verdict at the time it was returned did not include the ground on which this motion was made, although appellant’s trial counsel swore that he saw the court clerk enter the jury room. Counsel stated that at the time the verdict was returned he “had no knowledge that there was anything irregular.” When interrogated by the Special Term on the