Swift v. Fairyland Park, Inc.

The verdict of ‘‘ not guilty in the operation of the merry-go-round ” coupled with an award of damages to the plaintiff was clearly inconsistent. The jury was thoroughly confused. This is readily evident from its original verdict and eventual inability to reach any verdict in the case. While the verdict might have been corrected if the intent was sufficiently clear (Selig v. Alexander, 185 App. Div. 322, 325), this was not the case. Certainly there was not such a verdict ‘ ‘ in regard to the meaning of which there cannot upon the facts be room for two opinions ” (Hodgkins v. Mead, 119 N. Y.…