Mischlich v. Morris & Co.

Citations

• 105 Kan. 63
• 181 P. 619
• 1919 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Compensation Act — Improper Conduct of Counsel and Jurors During Trial — Refusal to Discharge Jury — No Prejudicial Error. In a workmen’s compensation case, a physician and surgeon testified for defendant that he had examined the plaintiff’s injury, and that the alleged stiffness of the ankle was accounted for by keeping the ankle bandaged and failing to exercise it. At the defendant’s request, the plaintiff was called and removed his shoe and stocking; the physician examined it in the presence of the jury and testified that if plaintiff would relax the muscle there was normal movement, but that plaintiff was holding his ankle rigid by his own will. Thereupon, plaintiff’s counsel asked the jurors to come and examine plaintiff’s ankle and see whether or not it was stiff. Over the defendant’s objections, two of the jurors came and personally examined the ankle. The court refused the ■ defendant’s request that the jury be discharged. Held, that the question whether under all the circumstances the jury should have been discharged was in the sound discretion of the court; that there was no abuse of discretion in refusing the request, and no error in denying a new trial.</p>