SPERRY, Commissioner.
This is an appeal from an order and judgment granting a new trial.
Plaintiff sued defendant for damages because of personal injuries, and to property. He had a verdict and judgment for $9500.00. Upon motion it was set aside and a new trial ordered because of the failure of one of the jurors composing the panel to answer a question directed to the entire panel as follows: "Ladies and gentlemen of the jury, have any of you ever had a damage...
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