Wilson v. Clement

Citations

• 126 F. 808
• 1903 U.S. App. LEXIS 5204

Syllabus

<p>1. New Trial — Jurors—Prejudice.</p> <p>Where, in an action for slander alleged to have been spoken by defendant in the course of speeches made by him during a political campaign on an issue of the enforcement of the liquor law, after verdict in favor of defendant a new trial was asked on the ground that one of the jurors had been actively engaged in opposing the liquor law, and had taken a permanent part in assisting to elect defendant to an office on such issue, and another juror was a station agent of a railroad near defendant’s residence, while defendant was president and manager of the road, and had been station agent since defendant ceased to be president and manager of the road, though he still owned stock therein, plaintiff was entitled to a new trial.</p> <p>2. Same — Waiver.</p> <p>Where, during a trial of an action for slander, it was discovered that two jurors were not impartial, plaintiff did not waive his right to a new trial for the bias of such jurors by proceeding with the trial under direction of the court.</p>