KOLLERT v. Albert Franklin Cundiff and The Termo Company, a Corporation, Respondents. (1958)

District Court of Appeal, Second District, Division 3, California.

Pearl Anna KOLLERT; Steven Kollert, a minor by Pearl Anna Kollert, his guardian ad litem; Michael Kollert, a minor by Pearl Anna Kollert, his guardian ad litem; Mary Cleveland, a minor by Pearl Anna Kollert, her guardian ad litem; Marlene Cleveland, a minor by Pearl Anna Kollert, her guardian ad litem; Gertrude C. Abrahamson, Plaintiffs and Appellants, v. Albert Franklin CUNDIFF; The Termo Co.; The Termo Company, a Corporation; The Termo Corporation, Ltd.; The Termo Corporation, Ltd., a Corporation; Does I to XX, Inclusive, Defendants, Albert Franklin Cundiff and The Termo Company, a Corporation, Respondents.

Civ. 22303.

Decided: January 03, 1958

Upon further consideration of the record we have concluded that it was prejudicial error for the court to refuse to consider the affidavits of the jurors on motion for a new trial insofar as they disclosed the receipt by the jurors of information through the bailiff, apparently under the direction of the court, which information prevented a decision of the issues as to all the plaintiffs other than Pearl Anna Kollert.

The opinion is modified by striking out the first sentence of the final paragraph and substituting the following: “The judgment in favor of defendants and against plaintiffs Gertrude C. Abrahamson, Mary Cleveland, and Steven Kollert is reversed.”

The petition for rehearing is denied.

PER CURIAM.

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