30 N.Y.S. 652 | N.Y. Sup. Ct. | 1894
The only question which we deem it necessary to consider in this case relates to an alleged error in fact in connection with the trial of the action. The facts upon which the
“The only error necessary to be noticed in this case is that the justice went into the room with the jury at their request, privately, and apart from the parties, to answer certain questions proposed to him by the jury. This we have repeatedly held to be erroneous, unless done with the consent of the parties. Whether the information given by the justice was material, or had any influence upon the verdict of the jury, is a matter iVhich we will not inquire into.”
The justice, in his return, intimates that he regarded the court as opened when he went into the room, and that counsel were at liberty to go in with him if they had seen fit to do so. But he gave no such intimation to the counsel at the time, but left them standing at the outer door of the building; the counsel for the de
So ordered, with costs in this court and the county court.