Shippy v. Peninsula Rapid Transit Co.

RICHARDS, J.

This is an appeal from an order granting a motion for a new trial after a verdict in the defendants’ favor in an action to recover damages claimed to have been suffered by the plaintiff as the result of a collision between the plaintiff’s automobile and a motor-bus being operated by the defendants. The facts of the case which formed the basis of said motion and of this appeal are undisputed and are as follows: The cause came on to trial before a jury. At the conclusion of the taking

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of evidence in the case the following proceedings were had:

“Mr. Wilson (Defendants’ Counsel) : That is all, we are willing to submit it without argument.

“Mr. Appel (Plaintiff’s Counsel): I think it is a matter that ought to be argued at least for a short time. ■

“The Court: I wish you would pay attention to what I am going to say and not volunteer any information that I do not want. Now, those jurors in the box who feel reasonably satisfied that they can determine the facts in this case without any argument of counsel, or without instructions from the court, without giving any indication of which way they feel about the matter—the court doesn’t want anything of that kind. I don’t want to know what your opinion is at all—I simply want to find out if there are any jurors who feel that they have heard the testimony and that they thoroughly understand it, and that they can pass on the issues of fact in this case without any instructions from the court, or without any argument of counsel. Now, those—after awhile I am going to ask them to stand up—those that feel that they would like to have argument of counsel and the instructions of the court, and deliberate on the matter, of course, they will sit down. Now, if there are any who feel that they are satisfied as to the facts of this case, they will please signify by standing up.

“Thereupon ten jurors stood up.

“The Court: Now, gentlemen, do you wish to argue the case?

“Mr. Wilson: We are' willing to waive arguments and instructions.

“Mr. Appel: I submit that the jury ought to be instructed as to the law in this case.