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Geo. C. Christopher & Son, Inc. v. Kansas Paint & Color Co.

Supreme Court of Kansas
523 P.2d 709 (1974)


Geo. C. Christopher & Son, Inc. (plaintiff) sued Kansas Paint & Color Company (defendant) for supplying Christopher with defective paint. At trial, both parties introduced evidence in the form of paint sample exhibits and they performed tests on those exhibits. The judge permitted the jury to take the exhibits into the jury room and examine them during their deliberation. To validate the test Christopher conducted on its paint sample, one of the jurors performed his own test on the sample and shared his results with the other jurors. He did not test Kansas Paint's sample. The jurors found the test results persuasive in reaching their verdict for Christopher. Kansas Paint moved for a new trial on the grounds the juror's test constituted jury misconduct. The judge denied the motion and Kansas Paint appealed to the Supreme Court of Kansas.

Rule of Law


Holding and Reasoning (Owsley, J.)

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