M'Connell v. Linton
Supreme Court of Pennsylvania
WRIT of error to Cambria county. This was an action of trover which originated before a justice, who rendered a judgment for the plaintiff for 35 dollars, from which the defendant appealed. The cause was tried in court, and the jury returned a written verdict, “ We find for the plaintiff 34 dollars with costs of suit.”
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WRIT of error to Cambria county. This was an action of trover which originated before a justice, who rendered a judgment for the plaintiff for 35 dollars, from which the defendant appealed. The cause was tried in court, and the jury returned a written verdict, “ We find for the plaintiff 34 dollars with costs of suit.” On receiving the verdict it was suggested by 1 he court that the plaintiff would not be entitled to costs; and at the request of the plaintiff’s counsel the jury were sent out to consider the subject, and returned with a verdict for 35 dollars and costs of suit: upon which a…
1Per curiam
—A jury may undoubtedly be sent out again to give an opportunity for correction in matters of obvious inadvertence : but it is a discretion to be tenderly exercised ; never to alter the substance of their verdict at the bidding of the judge. Here the damages were increased to give the plaintiff costs, on a suggestion which, if productive of the legal effect ascribed to it, ought not to have been made even in the course of the trial. In trover, the value of the property is ordinarily the measure of the damages; and whatever is given for this or for the detention, ought to be compensatory, and…
2Cited by8 opinions
- Grant v. StateSupreme Court of Florida · 1894
- Reitenbaugh v. LudwickSupreme Court of Pennsylvania · 1858
- Commonwealth v. HustonSuperior Court of Pennsylvania · 1911
- In re ThompsonMontana Supreme Court · 1890
- Columbia Glass Co. v. Atlantic Glass Co.Superior Court of Pennsylvania · 1910
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