Kenney v. Habich
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. At the trial in the Superior Court, before Knowlton, J., the jury were instructed, on the afternoon of June 4, 1883, to seal up whatever verdict was arrived at by them, and then to separate, both of which they did. On the coming in of the jury on the morning of June 5, 1883, the verdict was opened, and was in the following form: “ Superior Court. “ Suffolk, ss. April Term, A. D. 1883. No. 2781. Kenney, Plaintiff. Habich et al., Defendants.
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Tort for malicious prosecution. At the trial in the Superior Court, before Knowlton, J., the jury were instructed, on the afternoon of June 4, 1883, to seal up whatever verdict was arrived at by them, and then to separate, both of which they did. On the coming in of the jury on the morning of June 5, 1883, the verdict was opened, and was in the following form: “ Superior Court. “ Suffolk, ss. April Term, A. D. 1883. No. 2781. Kenney, Plaintiff. Habich et al., Defendants. The jury find for the plaintiff, and assess damages in the sum of $2,000.00 Two thousand dollars against Habich. $1,000.00…
1Opinion of the CourtMorton, C. J.
We are of opinion that there was an irregularity in the rendering and recording of the verdict in this case which entitles the defendants against whom it was rendered to a new trial.
The case was committed to the jury in the afternoon of June 4, 1883, with instructions that they might seal up their verdict and separate. On the morning of June 5, the jury rendered a verdict finding separate damages against each defendant for different and largely varying sums. The verdict demonstrates that the jury conducted their deliberations and rendered the verdict under a misapprehension of the law as laid…
2Cases cited1 opinion
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