Wilson v. Berryman
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Nevada County. Action for damages done to plaintiffs’ flume. The jury rendered a verdict for plaintiffs. Upon the affidavits of Benj. L. Conyers, one of the jury who rendered the verdict; and of the under Sheriff of Nevada county, who was present at the deliberations of the jury, defendants moved for a new trial. The Court overruled the motion, and defendants appealed.
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Appeal from the District Court, Tenth Judicial District, Nevada County. Action for damages done to plaintiffs’ flume. The jury rendered a verdict for plaintiffs. Upon the affidavits of Benj. L. Conyers, one of the jury who rendered the verdict; and of the under Sheriff of Nevada county, who was present at the deliberations of the jury, defendants moved for a new trial. The Court overruled the motion, and defendants appealed. The purport of the affidavits appears in the opinion of the Court.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
In this case, the .jury, for the purpose of arriving at a verdict, agreed that each member should set down a sum according to his own judgment; that the aggregate should be divided by twelve, and that the quotient should be returned as the verdict; which was done.
The rule in such cases has been held to be, that if such means is adopted merely to arrive at a proper result for the purpose of determining what the Verdict should be, without being bound thereby, and afterwards the jury agree upon such sum as their verdict, that it will be good. But on. the other hand, if…
2Cited by14 opinions
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