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CAPOZZI v. BUTTERWEI

2 N.J. Super. 593 (1949)

65 A.2d 144

CANDIDA CAPOZZI AND DOMINICK CAPOZZI, PLAINTIFFS, v. WILLIAM BUTTERWEI, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided February 28, 1949.

Attorney(s) appearing for the Case

Mr. John A. Laird, of counsel with plaintiffs.

Mr. Frank P. Zimmer, attorney for defendant.

WILLIAM A. SMITH, J.S.C.

This case was tried before me and resulted in a verdict in favor of the defendant. Application was made for a new trial and argued before me and briefs have been submitted. The basis of the application is a charge of misconduct of a juror during the trial. Testimony adduced on this motion shows that on the trial at about 5 p.m. after adjournment for the day Juror Jackson visited the scene of the accident for the purpose of observation and...

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