Gerking v. Johnson

RICHMAN, J. Appellee, when she was ten years old, was injured by collision with appellant's automobile at a street crossing in Indianapolis. She recovered a verdict for $3,000.00 on which was entered the judgment from which this appeal is taken. The only error assigned and not waived is the overruling of a motion for new trial in which the questions hereafter discussed were properly presented. Specifications of the motion charging misconduct of a juror who conversed with appellee during a luncheon hour and misconduct of the jury in arriving at a quotient verdict cannot be considered for lack of special bill of exceptions. It is true that supporting affidavits were filed with appellant's motion for new trial, but these affidavits may not be treated as evidence under the rule stated in Headlee v. State (1930), 201 Ind. 545, 168 N.E. 692, 170 N.E. 433; and Soucie v. State (1941), 218 Ind. 215, 225, 31 N.E.2d 1018, 1021.