WEGNER v. CHICAGO & N.W.R.CO.


262 Wis. 402 (1952)

WEGNER, Appellant, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Respondent.

Supreme Court of Wisconsin.

November 5, 1952.


Attorney(s) appearing for the Case

For the appellant there were briefs by Schmitt, Eckhardt & Gullickson of Merrill, and oral argument by Leonard F. Schmitt.

For the respondent there was a brief by Quarles, Spence, & Quarles, attorneys, and Edward H. Borgelt, Richard S. Gibbs, and Norman C. Skogstad of counsel, all of Milwaukee, and oral argument by Mr. Skogstad.


MARTIN, J.

Plaintiff raises the question: Should there be a new trial in a civil action where there are communications between the bailiff and the jury, as in this case, while the jury is deliberating on the verdict?

The original order for judgment on the verdict was entered March 20, 1951. On the following day plaintiff moved for a new trial on the basis of an alleged affidavit by Henry Kronenwetter, one of the bailiffs, to the effect that while the jury...

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