Jorgensen v. York Ice Machinery Corp.,

160 F.2d 432, cert. denied, 332 U.S. 764 (2ndCir. 1947)

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Nature of the Case

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Facts

This was a personal injury action that was dismissed based on the jury’s verdict. The jury was deadlocked at 7 to 5 for the defendant. The foreman of the jury had suffered a death in his family and asked to have the trial postponed for a day. That was denied. In deliberations, the jurors agreed to give the verdict to D in order to allow P to return home. They did so. P discovered this conduct and appealed the verdict requesting a new trial. The trial court denied the request.