Lombardi v. California Street Railway Co.

Citations

• 124 Cal. 311
• 57 P. 66
• 1899 Cal. LEXIS 992

Syllabus

<p>Jury—Challenge of' Juror for Bias—Exhaustion of Peremptory Challenges—Review upon Appeal—Question of Law.—A challenge of a juror upon the impaneling of a trial jury, for actual bias in favor of the opposite party, made after all peremptory challenges had been exhausted, Will he reviewed upon appeal, and an error in overruling the challenge is ground of reversal, if the facts appear without contradiction, or in such form that but one conclusion can he legally drawn therefrom, so that the question involved becomes a question of law.</p> <p>In.—Facts Evincing Bias.—The evidence of the challenged juror tint he was Intimately acquainted with the plaintiff, and that if the testimony was equally balanced he would give the plaintiff the benefit of it, and find in his favor, and that if the verdict was ' for the plaintiff, he would go to the biggest verdict, shows the-existence of a state of mind in the juror evincing a bias in favor of the plaintiff; and. the expression of the juror, that notwithstanding his bias, he could impartially try the case, is a mei-c expression of opinion, which does not affect the showing of bias.</p> <p>In.—Right to Unbiased Jurors—Common-law Rule—Exception.—The. right to unbiased and unprejudiced jurors is an inseparable and-inalienable part of the right of trial by jury, guaranteed by the constitution. The common law excludes jurors upon the ground of actual bias, and the only important statutory exception to that rule relates to opinions based upon public rumor, published statements, or common notoriety, in which case the juror may show that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters submitted to him.</p> <p>Negligence—Pleading—Special Damage—Employment of Plaintiff—■ Substitute—Evidence—Loss of Profits.— In an action for damages for the alleged negligence of the defendant causing an injury to the plaintiff, who was chief cook in a restaurant, and also a partner in the business, where the only