Harvey v. Rickett
New York Supreme Court
IN error, on certiorari to a justice’s court. The defendant in error brought an action of trespass in the court below, against the plaintiff in error, for taking his horse out of his pasture, and riding him. From the evidence there was some reason to suppose that the horse was taken by mistake, and not wilfully, the defendant having had permission from a person, who had a horse in the same pasture, to take his horse.
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IN error, on certiorari to a justice’s court. The defendant in error brought an action of trespass in the court below, against the plaintiff in error, for taking his horse out of his pasture, and riding him. From the evidence there was some reason to suppose that the horse was taken by mistake, and not wilfully, the defendant having had permission from a person, who had a horse in the same pasture, to take his horse. The jury, however, found a verdict for the plaintiff below for 20 dollars. The plaintiff in error assigned for error the misconduct of the jury in ascertaining the amount of…
1Per curiam
The damages assessed by the jury appear, under the circumstances disclosed by the return, to be excessive. But in matters of tort we do not interfere to reverse judgments on the ground of excessive damages. The mis*88conduct of the jury, however, in ascertaining the amount of verdict, is specially assigned for error; Jo wit, that it was agreed that each juror should mark the sum he found, and that the total amount divided by six should, without alteration, be the amount of the verdict. The defendant, in answer to this assignment, has pleaded in nullo est erratum. That the mode adopted by the…
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