Opinion
November 10, 1943.
Plaintiff appeals from a judgment in favor of defendant entered February 3, 1941, in a negligence action growing out of an accident which occurred in the City of Binghamton and resulted in injuries to plaintiff appellant. The sole issue is one of fact. No exceptions were taken to the charge nor were there any requests to charge. The verdict of the jury should not be interfered with and the judgment should be affirmed. Approximately six months after the entry of the judgment in this action, plaintiff moved for a new trial on the ground that one of the jurors was insane at the time of the trial and was thereby disqualified. The Trial Judge denied the motion on the ground that plaintiff had failed to prove by a fair preponderance of competent evidence that the juror was not qualified to act at the time of the trial. A question of fact was presented on this motion and from the evidence the trial court was warranted in denying the motion. Judgment affirmed, without costs. Order affirmed, without costs. All concur.