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9 Daly 83

Underhill v. Waite

New York Court of Common Pleas

Decided March 1, 1880

New York Court of Common Pleas · decided 1880-03-01

The action was brought by stenographers to recover for professional services. One of the defenses was that the manuscript furnished was grossly inaccurate, and some evidence to that effect was given.

Decided 1880-03-01

Charles P. Daly, Chief Justice.

¶1I agree with Judge Van Brunt, that allowing one of the jury to test the accuracy of the stenographic report, by reading it, while the stenographer read from his minutes, the juror, at the close, stating the result of this test, was error. The jury may use their general knowledge on the subject in any question that is before them; but if any one has any particular knowledge that is material to the matter under investigation, a party is entitled to the benefit of it ; but the juror must be sworn as a witness, that he may *86be examined and cross-examined, subject to the rules of evidence, the same as any other witness (Rex v. Rosser, 7 C. & P. 648; 1 Greenleaf's Evidence, § 364, note).

¶2J. F. Daly, J., dissented.

¶3Judgment reversed and new trial ordered, with costs to abide the event.

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