McGarry v. City of Buffalo

Hew Trial—Misconduct of Juror—Relationship to Party. Oh a motion for a new trial by plaintiff in a case against a city, it appeared that plaintiff’s attorney, at the time of impaneling the jury, asked if any of them had, or had had, business relations with any one connected with the city attorney’s office, and that no juror made any reply, whereupon the attorney said he would take it for granted that no such relation existed. It further appeared that one juror kept a livery stable, and regularly furnished the law department with carriages, under the direction and patronage of the corporation counsel, and from affidavits made by such juror and a detective employed by the city it appeared that they understood the purpose of the question, and made no disclosure merely because the attorney mentioned in terms the city attorney, and not the corporation counsel. Held, that the question called for a frank disclosure of the juror’s relation, towards the law department, and a new trial should be granted.

Appeal from special term, Erie county. ■ Action by Peter McGarry against the city of Buffalo. From an order granting a new trial for)improper conduct of a juror, after verdict for defendant, defendant appeals.