DocketNumber: No. 9906
Citation Numbers: 43 S.E.2d 219, 130 W. Va. 268
Judges: LOVINS, JUDGE:
Filed Date: 6/10/1947
Status: Precedential
Modified Date: 1/13/2023
I agree with what is said in the Court's opinion concerning the insufficiency of the plaintiff's affidavit as a reason for setting aside the verdict. In my opinion, an objection based upon mere disqualification of a juror, as distinguished from misconduct, is waived after verdict, regardless of diligence. In this particular instance apparently neither the court nor the attorney for the plaintiff on voir dire asked the panel whether any of its members were employed by the defendant, Baltimore Ohio Railroad Company. That being a common law disqualification, the failure to inquire constituted a lack of diligence. But without regard to that, under our cases after verdict, disqualification is waived. In Ohio River R. Co. v.Blake,