Ralton v. Sherwood Logging Co.

Citations

• 54 Wash. 254
• 103 P. 28
• 1909 Wash. LEXIS 979

Syllabus

<p>New Trial — Misconduct of Jury — Verdict—-Impeachment—Affidavits of Jurors. On motion for a new trial the verdict of a jury cannot be impeached by affidavits of the jurors showing that they arrived at the verdict by consideration of a matter not in issue and withdrawn by the instructions given; especially in view of Bal. Code, § 5071, allowing impeachment of a verdict by affidavits of jurors only in case it was arrived at by resort to chance or lot.</p> <p>Trial — New Trial — Misconduct of Counsel. It is not misconduct of counsel entitling a party to a new trial, that iri argument to the jury counsel quoted the testimony of witnesses from the notes of the stenographer, no claim being made that they were incorrectly quoted.</p>