Supreme Court of Pennsylvania, 1798

Sheaff v. Gray

Sheaff v. Gray
Supreme Court of Pennsylvania · Decided March 15, 1798
2 Yeates 273

Sheaff v. Gray

Opinion of the Court

By the court.

This paper cannot be called an estimate or calculation. It goes to substantiate the demand of the plaintiffs. It is a dangerous precedent, and may lead to ill consequences, though we do not suppose there was any intention here of doing wrong. All the cases agree, that a party delivering papers to the jury, without consent or the leave of the court, a new trial shall be granted. 5 Bac. 291. We know not what effect this paper may have produced in the minds of the jury; but we well know, they should not have had it delivered to them. Solely on this ground, and without expressing our sentiments as to the merits of the case, a new trial is awarded.

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