NOLL v. LEE

Docket No. 27194.

221 Cal.App.2d 81 (1963)

34 Cal. Rptr. 223

FREEMAN A. NOLL, Plaintiff and Appellant, v. ROBERT E. LEE, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

October 10, 1963.


Attorney(s) appearing for the Case

Smith, Butts & Diekman, Toxey H. Smith, Benjamin Reinhardt and Robert S. Butts for Plaintiff and Appellant.

Wyman, Finell & Rothman and Charles L. Fonarow for Defendant and Respondent.


HERNDON, J.

Plaintiff appeals from the judgment entered upon a "nine to three" jury verdict in defendant's favor. The only assignment of error is that the trial court erred in denying plaintiff's motion for a new trial when it became known, following the receipt of the jury's verdict, that one of the jurors had taken a copy of the Vehicle Code into the jury room and had read to the other members of the jury certain sections of said code which had not been included...

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