Knight v. Epsom
Supreme Court of New Hampshire
Cask, for injuries on a highway. Verdict for the plaintiff. Motion by the defendants to set the verdict aside for misconduct of the jury. The defendants produced the testimony of the officer who had the jury in charge, which tended to show that the verdict was the result found by dividing the sum of the several estimates of the jurors by twelve, and that this method was agreed upon before the estimates were made.
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Cask, for injuries on a highway. Verdict for the plaintiff. Motion by the defendants to set the verdict aside for misconduct of the jury. The defendants produced the testimony of the officer who had the jury in charge, which tended to show that the verdict was the result found by dividing the sum of the several estimates of the jurors by twelve, and that this method was agreed upon before the estimates were made. The plaintiff produced the evidence of one of the jurors, which tended to show that a juror proposed that an average of the several estimates be found by dividing their sum by…
1Opinion of the CourtSmith, J.
In Tyler v. Stevens, 4 N. H. 116, affidavits of jurors that they misunderstood the instructions of the court were refused. Richardson, O. J., said, — “ It has been thought to be singular indeed that almost the only evidence of which the case admits should be shut out; but considering the arts which might be used if a contrary rule were to prevail, it has been thought necessary to exclude such evidence . . . If it were once settled that the affidavits of jurors could be received to prove that they had misunderstood the instruction given them by the court, and that such misunderstanding was a…
2Cases cited8 opinions
- United States v. ReidSupreme Court of the United States · 1852
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Dana v. TuckerNew York Supreme Court · 1809
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Hackley v. HastieNew York Supreme Court · 1808
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3Cited by5 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Blodgett v. ParkSupreme Court of New Hampshire · 1912
- Palmer v. StateSupreme Court of New Hampshire · 1889
- Winslow v. SmithSupreme Court of New Hampshire · 1906
- Maxfield v. PittsfieldSupreme Court of New Hampshire · 1891