Sconsa v. Richmond

The plaintiffs’ basic claim is that “the Court as a matter of law could not resubmit the case to the jury after finding the verdict inadequate and setting it aside.” This runs contrary to our decisions; the Court’s discretion is controlling. Whiting v. Sussman, 78 N. H. 486, and authorities cited.

The record here discloses that when they began their deliberations the jury did not understand that the action in behalf of William, the minor son, for his pain and suffering was separate and distinct from that of his father for William’s medical expenses and lost earnings, and that having found in…