Jorgensen v. York Ice Machinery Corp.
United States Court of Appeals for the Second Circuit
160 F.2d 432 (1947)
Jorgensen (plaintiff) sued York Ice Machinery Corp. (York) (defendant) for negligence. The jury returned a verdict for York. Just before deliberations, the jury foreman had received news that his son had died. The foreman requested a postponement, but was denied. Jorgensen offered affidavits from jury members stating that the jury agreed to return a verdict based on a simple majority, rather than continue deliberations until a unanimous verdict was reached, to allow the foreman to return home. The judge denied Jorgensen’s motion for a new trial due to jury misconduct and entered judgment for York. Jorgenson appealed to the United States Court of Appeals for the Second Circuit.
Rule of Law
Holding and Reasoning (Hand, J.)
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