THIEL V. SOUTHERN PACIFIC CO.
328 U.S. 217 (1946)
NATURE OF THE CASE: This was a dispute over the composition of a jury during trial and a
review of an affirmance of a denial of a motion to set aside a verdict.
FACTS: Thiel (P) jumped out of the window of a moving train operated by Southern Pacific
Company (D). P sued claiming that the agents of D knew he was 'out of his normal mind' and
that he should not have been accepted as a passenger or else P should have been guarded. And
that, having accepted him as a passenger without such precautions D was negligent. D removed
to the federal district court. After demanding a jury trial, P moved to strike out the
entire jury panel, alleging inter alia that 'mostly business executives or those having the
employer's viewpoint are purposely selected on said panel, thus giving a majority
representation to one class or occupation and discriminating against other occupations and
classes, particularly the employees and those in the poorer classes who constitute, by far,
the great majority of citizens eligible for jury service.' That motion was denied. Evidence
did show that the clerk of the court and the jury commissioner intentionally excluded from
the jury lists of persons who worked for daily wages. Petitioner then attempted to withdraw
his demand for a jury trial but D refused to consent. A jury of twelve was chosen. P again
made the same challenge as before and added that six of the twelve were closely affiliated
and connected with D. The court rejected the claims. D got the verdict and P renewed the
claims again and asked that the verdict be set aside. The Ninth Circuit Court of Appeals
affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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