23 Minn. 325 | Minn. | 1877
There is no necessity to consider any
The proper rule in such cases we deem t.o bo that, if it. does not appear that the misconduct was occasioned by the prevailing party or any one in his behalf, and if it does not indicate any improper bias upon the jurors’ minds, and the court cannot see that it either had, or might have, had, an
It is not sufficient, to obviate the probability of prejudice from such influence, that there was introduced in evidence a diagram of the premises, showing the location of the rooms. A diagram on paper might — and with most men would— have an effect very different from that caused by actual view of the premises.
Because of this misconduct there must be a new trial.
Order reversed and new trial ordered.