Whiting v. Sussman
Supreme Court of New Hampshire
Case, for negligence, in which each party claimed to recover damages resulting from a collision upon the highway. Trial by jury and verdicts returned: (1) for the plaintiff Whiting, for $50; and (2) for him as defendant in the second case.
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Case, for negligence, in which each party claimed to recover damages resulting from a collision upon the highway. Trial by jury and verdicts returned: (1) for the plaintiff Whiting, for $50; and (2) for him as defendant in the second case. Upon the announcement of these verdicts, the plaintiff, Whiting, moved to set aside the verdict as to damages upon the ground that upon the undisputed evidence his damages were $200. The jury were then interrogated by the court as to the manner in which their verdict was reached. Thereupon, it appeared that the jury had assessed the damages sustained by…
1Opinion of the CourtParsons, C. J.
It is conceded the court had power to interrogate the jury to ascertain whether the case was properly tried (Dearborn v. Newhall, 63 N. H. 301), and to set aside the verdicts upon the facts disclosed by such interrogation. But it is contended that the error being a mistake in making the finding and not merely in stating the conclusion reached, the case could not as matter of law be resubmitted to the same jury.
This contention, that the power of the court to resubmit a case to the same jury is limited to cases in which by mistake the verdict rendered does not correctly state the intention of…
2Cases cited2 opinions
- Warner v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Kenney v. HabichMassachusetts Supreme Judicial Court · 1884
3Cited by4 opinions
- Scott v. ParkerSupreme Court of Alabama · 1927
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Tierney v. New England Granite WorksSupreme Court of New Hampshire · 1919
- LeClerc v. GraySupreme Court of New Hampshire · 1972