McMahon v. Yonkers Railroad

On argument, judgments of the City Court of Yonkers in favor of plaintiffs and orders denying motions to set aside the verdicts reversed on the law and the facts and a new trial ordered, costs to abide the event. The interests of substantial justice require a new trial in view of the fact that a juror who served on the first trial, when there was a disagreement, participated in the second trial without the knowledge of the court or the parties. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur.