Haugen v. Chicago, M. & St. P. Ry. Co.

Citations

• 3 S.D. 394
• 53 N.W. 769
• 1892 S.D. LEXIS 87

Syllabus

<p>1. The qualifications of a juror, when challenged for cause, become a question of fact for the trial court.</p> <p>2. The statute having prescribed the grounds for disqualification, when either of these grounds is found to exist, it is the duty of the trial court to reject the juror; but if, after a full examination of the juror personally, or by the testimony of other persons, the trial court finds that none of the statutory disqualifications exist, and accepts the juror, its decision will not be reversed, unless it is made to appear that there was no legal evidence to support its judgment.</p> <p>3. The word “bias,” as used in subdivisions 6, 7, § 5040, Comp. Laws, in reference to the disqualification of a juror to sit in a case, means such a leaning of the mind or propensity towards an object as does not leave the mind indifferent, hut shows that it is under an influence which sways it to one side, and will tend to prevent the juror from deciding the case according to the evidence.</p> <p>4. An unqualified opinion or belief as to the merits of the action, founded upon Knowledge of the material facts or some of them, disqualifies a person from sitting as a juror. This is the language of the Oode. Subdivision 6, § 5040, Comp. Laws.</p> <p>5. The theory of the law is that a juror who has formed an opinion cannot be impartial, but every opinion he may entertain need not necessarily have that effect. The opinion, to disqualify, must be an abiding bias of the mind, based upon the substantial facts in the case, in the existence of which he believes.</p> <p>6. An unqualified opinion or belief, as used in the Code, is such a settled conviction in the mind of the juror, founded upon a Knowledge of the facts of the case, as would raise a strong presumption of partiality; but a hypothetical opinion, founded on hearsay or information, and unaccompanied with malice or ill will, will not support a challenge for bias.</p> <p>7. In determining the impartiality of a juror, the