Schankweiler v. Pennsylvania Light Co.

Citations

• 275 Pa. 50
• 118 A. 562
• 1922 Pa. LEXIS 451

Syllabus

<p>Practice, C. P. — Trial—Improper remarks of juror — Withdrawal of juror — Continuance.</p> <p>1. That confidence in trial by jury may be preserved and that parties may feel a verdict is based on an honest consideration of the evidence and not on prejudice or sympathy, every appearance of evil must be avoided and every precaution taken to guard against all matters tending in the slightest degree to corrupt or influence the verdict.</p> <p>2. In an action by a wife to recover damages for the death of her husband, where plaintiff gives testimony as to the methods of bookkeeping employed by herself and husband in their business, and on leaving the stand a juror says to her within the hearing of the other jurors, “I admire your way of doing business,” indicating approval, it is reversible error for the court to refuse to withdraw a juror and continue the case.</p> <p>3. While the words used by the juror did not directly concern the issues of fact the jurors were called upon to decide, they might readily be construed as tending to show sympathy for plaintiff and unfitness on his part to give defendant an impartial trial.</p>