Missouri, K. & T. Ry. Co. v. Smith

1912 OK 393, 123 P. 1063, 32 Okla. 841, 1912 Okla. LEXIS 346

Opinion

Opinion by

ROSSER, C.

Over the objection of the plaintiff in error, the court instructed the jury that three-fourths of their number might return a verdict. The verdict was actually rendered by ten jurors. Plaintiff in error duly excepted and saved his exceptions.

This question lias been decided in this court in the cases of Pacific Mutual Life Ins. Co. v. Adams, 27 Okla. 496, 112 Pac. 1026; Kerfoot, Bell & Co. v. Kerfoot, 30 Okla. 19, 118 Pac. 367; Border v. Carrabine, 30 Okla. 740, 120 Pac. 1087. In all these cases, it was held >to be error to receive a verdict of less than the whole number of jurors in cases pending prior to statehood.

This case should be reversed and remanded.

By the Court: It is so ordered.