McDonnell

Action for personal injury resulting from the capsizing of a stagecoach in which plaintiff was a passenger. Trial by jury and verdict in favor of plaintiff for $2,000. Judgment was entered accordingly, with costs taxed at $121. At the hearing of defendants’ motion for a new trial, the court made an order that if plaintiff would accept $1,621 in full settlement of the judgment the motion for new trial would be denied, otherwise it would be granted. Plaintiff gave notice of acceptance, and the motion was denied. From the judgment and order - .denying new trial this appeal is proseeuted-hy billhfiieeprions.

ff’he only question presented relates to the alleged *miscondtípt of the jury in arriving at a verdict. In support of defendants’ motion their counsel made affidavit,' on information ilBd belief, in which it is stated that the5 jurymen agreed to be governed by the quotient resulting from, the addition of each juror’s estimate of the damage, and diviSieg^-thg— total sum by twelve; that dhis - quotient was $l,891f; that when it was found that the quotient was not a round sum “it was suggested that it would De-brtíerHiRéer -thelr-ynevieus agreement, to insert an sven sum, to wit,…