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Jorgensen v. York Ice Machinery Corp.

United States Court of Appeals for the Second Circuit

160 F.2d 432 (1947)

Relevant factsFree

Jorgensen (plaintiff) sued York (defendant) for negligence, and the jury found for York. Just before deliberations began, the jury foreman learned his son had died and asked for a postponement, which was denied; Jorgensen later obtained juror affidavits stating the jury agreed to decide the case by simple majority rather than continue deliberating to unanimity, in order to let the foreman go home sooner. The trial judge denied Jorgensen's motion for a new trial based on this alleged jury misconduct and entered judgment for York; Jorgensen appealed.

IssueFree

Whether evidence from jurors may be used to prove jury misconduct.

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