Brinson v. Weinstein

I agree with the majority opinion that this was not the classic quotient verdict situation, if it be true that there was no agreement by the jury to be bound by the average reached. And if that was all there was, I could readily agree that the trial judge erred in granting a new trial. But there is more — much more — in the way of condemning circumstances which lead this writer to conclude that the verdict was attended by such irregularity as to constitute a gross departure from the essentials of law. The combination is of such magnitude as to command a new trial as a matter of simple justice.