Fields v. Dewitt

Citations

• 71 Kan. 676
• 81 P. 467
• 1905 Kan. LEXIS 208

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Misconduct of Jury — Presumption. Where articles discussing the merits of a case are shown to have been published during the trial in newspapers of general circulation in the community it cannot be presumed upon review, against the finding of the trial court, that they were read by the jury, there being no direct evidence to that effect.</p> <p>2. Jury and Jurors — New Trial — Reading Newspaper Comment. To support an application for a new trial upon the ground of the misconduct of jurors it is not sufficient to show that during the trial they read newspaper comments relating to the case, without showing also that the comments were of such a character that they might have resulted in prejudice to the losing party.</p> <p>3. - Separation of Jury in Civil Case — Admonition. Where the jury upon the submission of a civil case are told that if they have not reached an agreement within half an hour they may then separate for a definite period, and at the same time are given the statutory admonition with regard to their conduct during such separation, it is not necessary that the admonition be repeated before the separation actually takes place.</p> <p>4. - Consent of Counsel to Separation — Estoppel. Where upon the submission of a civil case the jury are instructed regarding their duties during any separation that may take place before their deliberations are concluded, and the attorneys for both parties afterward assent to a proposal made by the court that the jury be permitted to separate for a definite time, the proposal being made under such circumstances and stated in such terms that the court is justified in understanding that the attorneys consent to the jury’s being dismissed by the bailiff, in the absence of the judge, the objection that the jury were not given an additional admonition before such separation is not available on review.</p>