Bergman v. Scottish Union & National Insurance

A brief reference to some historical facts may be of aid in the interpretation of section 459 of the Civil Practice Act.

In the early days of the common law the method of keeping check on the jury was by attaint. Later, in order to permit escape from that hardship, the jury in civil cases was given the privilege of returning a special verdict. That ancient law was incorporated in our Revised Statutes as follows: “No jury shall, in any case, be compelled to give a general verdict, so that they find a special verdict showing the facts, respecting which issue is joined, and therein require the…