{
  "id": 8719910,
  "name": "Vernon BRIDGES v. A. E. HEMMER, as Father and Next Friend of Steven HEMMER, and A. E. HEMMER, Individually",
  "name_abbreviation": "Bridges v. Hemmer",
  "decision_date": "1974-03-25",
  "docket_number": "73-279",
  "first_page": "312",
  "last_page": "313",
  "citations": [
    {
      "type": "official",
      "cite": "256 Ark. 312"
    },
    {
      "type": "parallel",
      "cite": "506 S.W.2d 835"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T14:44:14.527021+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Vernon BRIDGES v. A. E. HEMMER, as Father and Next Friend of Steven HEMMER, and A. E. HEMMER, Individually"
    ],
    "opinions": [
      {
        "text": "Frank Holt, Justice.\nSteven Hemmer, appellee, was injured in a motorcycle accident when struck by defendant appellant Bridges\u2019 automobile. The jury returned a verdict for the appellant. After the jury rendered its verdict and was discharged, the foreman and another juror, who had remained, were observed to have in their possession some papers which the foreman delivered to the court. They were then questioned by appellees\u2019 and appellant\u2019s attorneys. The examination revealed that two of appellees\u2019 requested instructions had been found by the jury in the jury room upon retiring for its deliberation during which the jury read them. It appears the instructions were inadvertently left there following a court conference. One of the instructions was a general verdict or a closing instruction which was given in substance as proffered by the appellees. The other was appellees\u2019 comparative negligence instruction. Another was given which differed only in that it provided for recovery of the alleged damages by the appellee father in a representative capacity and individually. A subsequent proceeding was held wherein the court granted appellees\u2019 motion for a new trial over appellant\u2019s objection. We agree with the appellant.\nIn doing so we need not reach the propriety of the proceedings under Ark. Stat. Ann. \u00a7 43-2204 (Repl. 1964), which prohibits examination of a juror to establish grounds for a new trial except to show a verdict was arrived at by lot.\nOur \u201cnew trial\u201d statute, Ark. Stat. Ann. \u00a7 27-1901 (Repl. 1962), sets forth the following standard:\nA new trial is a re-examination in the same court of an issue of fact after a verdict by a jury or a decision by the court. The former verdict or decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of such party:\nFirst. Irregularity in the proceedings of the court, jury or prevailing party, or any order of court or abuse of discretion, by which the party was prevented from having a fair trial.\nSince both of the instructions found in the jury room were appellees\u2019 requested instructions, we do not perceive any prejudice from the jury\u2019s possession of appellees\u2019 own instructions. Appellees have not demonstrated any irregularity affecting materially their substantial rights which prevented them from having a fair trial within the standards of \u00a7 27-1901, supra.\nReversed and remanded for entry of judgment on the verdict.",
        "type": "majority",
        "author": "Frank Holt, Justice."
      }
    ],
    "attorneys": [
      "Alex G. Streett, for appellant.",
      "Ike Allen Laws Jr., for appellee."
    ],
    "corrections": "",
    "head_matter": "Vernon BRIDGES v. A. E. HEMMER, as Father and Next Friend of Steven HEMMER, and A. E. HEMMER, Individually\n73-279\n506 S.W. 2d 835\nOpinion delivered March 25, 1974\nAlex G. Streett, for appellant.\nIke Allen Laws Jr., for appellee."
  },
  "file_name": "0312-01",
  "first_page_order": 348,
  "last_page_order": 349
}