Dwight v. Yamashieo

Citations

• 24 Haw. 193

Syllabus

<p>New Trial — approaching juror — waiver.</p> <p>In a case where there were three defendants, after the jury had been instructed and retired to consider of their verdict they reported to the court that one juror had been approached by a stranger and requested to find for the defendant; two of the defendants thereupon moved that the jury be discharged and a mistrial entered, which motion was denied; plaintiff did not join in the motion nor object to the ruling of the court; the jury returned a verdict against one defendant but in favor of the two defendants asking the discharge of the jury; later plaintiff moved for a new trial on the sole ground that a juror had been approached and asked to find for the defendant: Held, that the motion for new trial was properly denied; that plaintiff by his silence and inaction had waived the irregularity of which he complained.</p> <p>Same — same.</p> <p>It is proper to deny a motion for new trial based upon the ground that a stranger who is not shown to have acted by procurement or with the knowledge or consent of any party to the action approached one of the jurors with the request that he find for the defendant in the absence of a showing that the verdict rendered was not authorized by the evidence and the law of the case and no showing made that the jury or any one of the jurors were influenced by such request.</p> <p>Same — same.</p> <p>If the successful party is shown to have tampered with a juror the verdict in his favor should be set aside so as to remove the court’s proceedings from suspicion of undue influence and as punishment for wrong-doing.</p>