KAVANAUGH v. QUIGLEY


63 N.J. Super. 153 (1960)

164 A.2d 179

MICHAEL KAVANAUGH, PLAINTIFF-APPELLANT, v. ROBERT QUIGLEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 3, 1960.


Attorney(s) appearing for the Case

Mr. Horace G. Davis argued the cause for plaintiff-appellant (Mr. Vincent T. Frank, attorney).

Mr. Edward C. Hillis argued the cause for defendant-respondent (Messrs. Marley, Winkelried & Hillis, attorneys).

Before Judges CONFORD, FOLEY and MINTZ.


The opinion of the court was delivered by FOLEY, J.A.D.

In this negligence case the jury returned a verdict of no cause of action by a vote of ten jurors to one. The twelfth juror had been excused by consent during the trial. Appeal is taken from the denial of plaintiff's motion for a new trial.

It appears that after the jury was dismissed the plaintiff's attorney learned that in the course of the deliberations one or more of the jurors had informed a bailiff...

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