Murphy v. Roger Sherman Transfer Co.

A 10 to 2 verdict is involved in this negligence case. On this record, no valid general verdict was recorded in favor of the plaintiffs (see CPLR 4111, 4113). Upon the report of the verdict and subsequent pollings, only 9 of the individual jurors agreed as to the unit of liability and damages. The pollings reveal that 2 jurors ‘ ‘ split ’ ’ their votes thereon, i.e., one of them found defendants not negligent but agreed as to the amount of damages to be awarded the plaintiff wife and the other found defendants negligent but did not agree as to the amount to be awarded her. Such an exchange…