Missouri Pacific Railway Co. v. Bowman

Citations

• 68 Kan. 489
• 75 P. 482
• 1904 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THB COURT.</p> <p>1. Jury and Jurors — Misconduct of Prevailing Party — Verdict Set Aside. It is of the highest importance to the administration of justice and the good of society that the unquestioned purity and-unbiased character of the jury be preserved, and where it appears that the prevailing party has' for any ulterior or sinister motive attempted to tamper with or influence the jury, a verdict in his favor should be set aside, without a showing that such attempt has in any way influenced the jury.</p> <p>2. --— Improper Influence by Innocent Act Fatal to Ver-diet. A like result should follow where it appears that an innocent act of the prevailing party outside the issues of the case has had the effect improperly to influence the jury in his behalf.</p> <p>3. Practice, District Court — Conveyance of Jurors to View Premises. It became necessary in the trial of this case that the jury should be sent to view the premises in dispute. The judge announced in open court that this would be done, and that the plaintiff had carriages ready to convey the j ury. The carriages were hired from a livery-stable owned by one of the jury, of whom the plaintiff was a regular customer. These facts are not sufficient to require a verdict in favor of plaintiff to be set aside.</p>