Supreme Judicial Court of Maine, 1878

Winslow v. Morrill

Winslow v. Morrill
Supreme Judicial Court of Maine · Decided July 1, 1878 · Appleton, Barrows, Peters, Virgin, Walton
68 Me. 362; 1878 Me. LEXIS 107
Winslow v. Morrill

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

WaltoN, J.

It is now well settled that jurors must decide eases upon such evidence as is produced before them by the parties to the litigation, and that they cannot go in search of evidence privately, or act upon evidence thus obtained. Heffron v. Gallupe, 55 Maine, 563. Bowler v. Washington, 62 Maine, 302.

The court is of opinion that the conduct of Mr. Hacker, one of the jurors who tried this cause, was such, in this particular, as entitles the defendant to a new trial.

Motion sustained. JVew trial granted.

Appleton, C. J., Barrows, Virgin and Peters, JJ., concurred.

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