Hurley v. Painter

1 Citing case

  1. Thomas, Administrator v. Kansas Power Light Co.

    340 P.2d 379 (Kan. 1959)   Cited 11 times
    In Thomas v. Kansas Power and Light Company (1959) 185 Kan. 770, 340 P.2d 379, involving accidental electrocution, one juror borrowed a book on electricity and studied the arcking characteristics of electricity which he relayed to the jury, and a new trial was granted upon a holding, [9] page 386, that the misconduct in question permeated the verdict and that it affirmatively appeared that the defendant's rights were prejudiced.

    There would be little virtue or finality in verdicts if they could be impeached and overthrown by the evidence of jurors and litigants. It has been said that such a situation would result in perjury and bribery and there would be no end to litigation in cases tried before juries. ( State v. Buseman, 124 Kan. 496, 499, 260 P. 641; Ohlson v. Power Co., 105 Kan. 252, 254, 182 P. 393; Jones v. Webber, 111 Kan. 650, 652, 207 P. 837; Henderson v. Deckert, 160 Kan. 386, 162 P.2d 88; Newell v. City Ice Co., 140 Kan. 110, 112, 113, 34 P.2d 558; Anderson v. Thompson, 137 Kan. 754, 22 P.2d 438; Hurley v. Painter, 182 Kan. 731, 736, 324 P.2d 142.) In Anderson v. Thompson, supra, 758, Mr. Justice Rousseau Burch, speaking for the court, said: