Purcell v. Rose

This is an action of tort for personal injuries in which the jury returned a verdict for the plaintiff in the sum of $979.58. The presiding judge after the verdict had been reported asked, “How did you get the fifty-eight cents, Mr. Foreman?” and the foreman answered, “We all put down what we considered the damage and divided by twelve.” The judge then said, “You can’t do that. That is not the way that damages are assessed. The jury cannot do that. I will affirm the verdict, but I shall probably have to set it aside. I ought to have told you that before. It is *432not the way that damages must be…