Legal Opinion

Snell v. Bangor Steam Navigation Co.

Supreme Judicial Court of Maine

Decided July 1, 1849PublishedCited by 3 opinions

Assumpsit.. The jury returned into Court the papers committed to them, with a verdict of $592,08, in favor of the plaintiff’, which was received, affirmed and constructively recorded. The plaintiff, after making some examination of the papers, suggested to the Court, that the jury had fallen into a mistake in fixing the amount of the damages, and moved, that the papers be recommitted to them, and that they be sent out to re-examine the subject.

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Assumpsit.. The jury returned into Court the papers committed to them, with a verdict of $592,08, in favor of the plaintiff’, which was received, affirmed and constructively recorded. The plaintiff, after making some examination of the papers, suggested to the Court, that the jury had fallen into a mistake in fixing the amount of the damages, and moved, that the papers be recommitted to them, and that they be sent out to re-examine the subject. This motion was resisted by the defendant, but it was allowed. The jury were sent out accordingly, and they returned a verdict of $720,92, in favor of…

1Opinion of the CourtTenney, J.

— If it is apparent to the Court, that the jury, in finding a verdict, which has been received, but not recorded, have acted under a misapprehension of the facts, have misunderstood the law given to them, or that the verdict is wanting in form ; or if in the apprehension of the Court, there has been any mistake, it may, in the exercise of a discretion, direct them to retire and re-examine the matter .submitted to them, and the verdict which may be afterwards received, though differing entirely from the former, may be recorded ; and this will be the verdict of the case. Root v. Sherwood, *3396…

2Cases cited3 opinions

  1. Blackley v. SheldonNew York Supreme Court · 1810
  2. Root v. SherwoodNew York Supreme Court · 1810
  3. Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812

3Cited by3 opinions

  1. In re ThompsonMontana Supreme Court · 1890
  2. Morris v. BurkeMontana Supreme Court · 1895
  3. De Blois v. DunklingSupreme Judicial Court of Maine · 1950

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