BIRMINGHAM ELECTRIC CO. v. YOAST

6 Div. 185.

57 So.2d 103 (1951)

BIRMINGHAM ELECTRIC CO. v. YOAST.

Supreme Court of Alabama.

Rehearing Denied January 10, 1952.

Further Rehearing Denied March 6, 1952.


Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

Hare and Parsons and R. D. Coffman, Birmingham, for appellee.


FOSTER, Justice.

The question presented by appellant on this appeal is whether the court committed reversible error in granting a motion for a new trial made by appellee, who was plaintiff in the trial court, upon the ground that, after the trial of the case, plaintiff's counsel ascertained that a juror, one Lee Cole, was biased and prejudiced in favor of the defendant, and as to which plaintiff and his counsel were not negligent. There was verdict and judgment for...

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