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Geo. C. Christopher & Son, Inc. v. Kansas Paint & Color Co.

Supreme Court of Kansas

523 P.2d 709 (1974)

Relevant factsFree

Christopher (plaintiff) sued Kansas Paint (defendant) over allegedly defective paint, and both sides introduced paint-sample exhibits and performed tests on them at trial; the judge allowed the jury to take those admitted exhibits into deliberations, where one juror personally retested Christopher's sample (though not Kansas Paint's) to validate the in-court test results, sharing his findings with fellow jurors, who found them persuasive in reaching a verdict for Christopher. Kansas Paint moved for a new trial alleging jury misconduct, the judge denied the motion, and Kansas Paint appealed.

IssueFree

Whether jurors may examine and test exhibits admitted as evidence during jury deliberation.

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