Fitzpatrick v. Himmelmann
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court.
The jury were instructed to find a verdict in response to certain special issues submitted to them by the Court. They did so, and at the same time found a general verdict in favor of the plaintiff. Upon their appearance in the court-room with these verdicts the Court remarked: “I
suppose there must be a judgment in favor of the defendant on these findings;” and thereupon some of the jurors, declaring their dissatisfaction with their special verdict, they were sent out for further deliberation. They subsequently reported to the Court that, while they adhered to their general…
2Cited by7 opinions
- Keener v. Jeld-Wen, Inc.California Supreme Court · 2009
- Fernandez v. Consolidated Fisheries, Inc.California Court of Appeal · 1953
- Chipman v. Superior CourtCalifornia Court of Appeal · 1982
- People v. BentoCalifornia Court of Appeal · 1998
- People v. KARAPETYANCalifornia Court of Appeal · 2003
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