Mitchell v. Nehi Royal Crown, etc., Co.

By JUDGE ALEX H. SANDS, JR.

After reviewing the very complete memoranda of authorities submitted by counsel in the above matter and having considered the comments of counsel thereon, I have reached the following conclusions.

The exact form of the verdict in question was:

"We, the jury, on the issue joined, find for the plaintiff and assess the damages at $171.65 plus costs; lawyer’s fees and costs of technical advice.

J. S. Barret Foreman March 17, 1964"

The items of attorney’s fees, court costs and costs of technical advice are obviously not only outside of the scope of the jury’s proper inquiry…