T. E. Fletcher, Appellant, v. Eric B. Townsend, Jr., a Minor, by His Father and Next Friend, Eric B. Townsend, Appellee.t. E. Fletcher, Appellant, v. Lloyd E. Benjamin, Iii, a Minor, by Lloyd W. Benjamin, Ii, His Father and Next Friend, Appellee, 230 F.2d 946 (6th Cir. 1956)

Annotate this Case
US Court of Appeals for the Sixth Circuit - 230 F.2d 946 (6th Cir. 1956) February 9, 1956

Appeal from the United States District Court for the Northern District of Ohio, Cleveland; James C. Connell, Judge.

Hoppe, Day & Ford, Warren, Ohio, for appellant.

Craig Spangenberg, Cleveland, Ohio, for appellee.

Before ALLEN, MARTIN, and STEWART, Circuit Judges.


In these companion cases arising out of a judgment rendered upon a jury verdict in an action for personal injuries sustained in a collision between a passenger automobile and a truck, the District Court, after oral hearing and consideration of depositions and affidavits, sustained a motion for new trial for alleged misconduct of jurors;

And it appearing that the District Court did not abuse its discretion in granting such motion; Stiles v. Lawrie, 6 Cir., 211 F.2d 188, 190; Losey v. Creamer, 45 Ohio App. 356, 187 N.E. 197.

And no reversible error appearing in the record;

The order of the District Court entered January 27, 1955, is hereby affirmed.