Benjamin v. Helena Light & Railway Co.

This is an action for damages. In the court below, plaintiff had judgment, on verdict for $20,000, against the defendant company. It made a motion, based on various grounds, for a new trial. Included in the grounds were “misconduct of the jury” and “excessive damages.”

At the hearing of the motion, only those two grounds were urged. As to the first mentioned, it was contended the misconduct of the jury was that of arriving at the verdict by resort to the determination of chance and returning a quotient verdict. In support of that contention, the moving defendant filed the affidavits of five of…