29 Barb. 198 | N.Y. Sup. Ct. | 1857
The plaintiff in this case recovered a judgment before a justice of the peace for $91.44 damages and costs of suit, and which, on appeal to the county court, was reversed on error in fact assigned. The judgment was reversed on the sole ground that the constable who had charge of the jury, after they had retired to their room to deliberate on their verdict, urged the jury to give a verdict for the plaintiff. The jury, when they first went out, stood four for the verdict ultimately rendered, and two were for giving a less amount. The jury were out some two hours, and- the constable at different times urged them to give a verdict for
Gray, Shankland and Mason, Justices.]
. The judgment of the county court must be reversed, and that of the justice affirmed.