328 U.S. 217 (1946)
Petitioner passenger brought a negligence action against respondent railroad company. The judgment of the district court, upon a trial by jury, was in favor of respondent. The circuit court of appeals affirmed.
- The United States Supreme Court granted certiorari limited to the question whether petitioner's motion to strike the jury panel was properly denied by the district court.
- The undisputed evidence in the case demonstrated a failure to abide by the proper rules and principles of jury selection.
- Both the clerk of the court and the jury commissioner testified that they deliberately and intentionally excluded from the jury lists all persons who worked for a daily wage.
- The Court noted that jury competence was not limited to those who earned their livelihood on other than a daily basis.
- The Court reasoned that upholding the judgment would breathe life into any latent tendencies to establish the jury as the instrument of the economically and socially privileged.
- The Court could not sanction the method by which the jury panel was formed in the case and held that the district court should have granted petitioner's motion to strike the panel.
- The judgment was reversed.
The Court reversed the judgment for respondent railroad company because the district court should have granted petitioner passenger's motion to strike the jury panel due to the admitted wholesale exclusion of a large class of wage earners in disregard of the high standards of jury selection. To reassert those standards required a new trial by a jury drawn from a panel properly and fairly chosen.
Recommended Supplements for Civil Procedure