Bruce v. Chestnut Farms-Chevy Chase Dairy, 7881.

• Decision Date: 09 February 1942
• Docket Number: No. 7881.,7881.
• Citation: 75 US App. DC 192,126 F.2d 224
• Parties: BRUCE v. CHESTNUT FARMS-CHEVY CHASE DAIRY.
• Court: U.S. Court of Appeals — District of Columbia Circuit

75 US App. DC 192, 126 F.2d 224 (1942)

BRUCE v. CHESTNUT FARMS-CHEVY CHASE DAIRY.

No. 7881.

United States Court of Appeals for the District of Columbia.

Argued January 9, 1942.

Decided February 9, 1942.

Mr. Joseph A. Solem, with whom Mr. Raymond J. Nolan, both of Washington, D. C., was on the brief, for appellant.

Mr. Edwin A. Swingle, with whom Messrs. Ernest A. Swingle and Allan C. Swingle, all of Washington, D. C., were on the brief, for appellee.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

PER CURIAM.

This is an action begun in the court below for damages for personal injuries sustained as the result of drinking milk from a bottle containing splinters of glass. At the conclusion of the trial the jury returned to the court room and were asked by the clerk in the presence of the judge and counsel if they had agreed upon a verdict. The jury responded "Yes". Upon being asked what the verdict was, the jury responded, "For the defendant". The clerk then asked, "Is this your verdict, members of the Jury, so say you each and all". The reply was, "Yes". Thereupon the plaintiff's attorney asked for a poll of the jury. The presiding judge stated that he would poll the jury personally. The record then shows that:

"He pointed to one of the Jurors (Mrs. Sinrod) who was at the end of one of the two lines of Jurors, and asked, `What is your verdict'? She responded, `For the plaintiff'. The Court said, `You mean for the defendant?' She responded, `No, for the plaintiff'. The Court said, `Do you know who the plaintiff is'? and she said, `Yes'. The Court said, `Plaintiff is the one who is bringing the suit, the defendant is the one against whom the suit is brought'. Juror Sinrod replied, `Yes, I know that, that is the plaintiff (pointing to the plaintiff) and that is his attorney (pointing to Attorney Solem)'.

"In the meantime considerable talking and whispering had arisen in the Jury box. Attorney Swingle, for the defendant, arose and said, `Well, didn't you agree your verdict was for the defendant in the Jury room'? Whereupon counsel for the plaintiff immediately objected to any interrogation by defendant's attorney of the Juror as to her verdict and also objected to further questioning of the Juror by the Court. The Court failed to rule on this objection. Defendant's attorney attempted to continue his questioning but was stopped by the Presiding Judge. Under repeated questioning by the Court, Juror Sinrod said that she had been for the plaintiff all along and said, `If you mean my own verdict, it is for the plaintiff'. This Juror then said she had agreed in the Jury room to a verdict for the defendant, after listening to the arguments of the other Jurors and in order not to tie up the jury, and then she said in the Jury box, `I find now for the defendant', `I thought you were asking how I stood in the beginning in the Jury room. I did agree to a verdict for the defendant'.

"Attorney Solem, for the plaintiff, immediately moved for a mistrial, and the Court responded, `Don't interrupt me now, I am going to continue with the poll'. The Presiding Judge then continued to poll the Jurors and the next three Jurors each said they found for the defendant. The Judge then came to the fifth juror. When he asked her what her verdict was, she said, `For the plaintiff'. The Presiding Judge then asked her if she did not mean the defendant. She responded, `No, for the plaintiff, and I would like to say something to the Court.' The Judge said, `This is not the time for that'. Plaintiff, through Attorney Solem, again moved for a mistrial. The Presiding Judge denied this motion and said, `I am going to finish polling this Jury'. He then continued to poll the Jury, and all the jurors responded for the defendant. Upon completion, he told the Jury they might go. Juror Russell said she wanted to speak to the Judge about the matter. He said, `No, this is not the time for that'. Attorney Solem again moved for a mistrial and the Judge said, `I heard you the first time, I won't pass on that now'. This Juror on the...