Porret v. City of New York

Cardozo, Ch. J.

In an action for personal injuries the trial judge submitted the issues to the jury and ordered a sealed verdict. The next morning the jury - reported through its foreman that there was unanimous agreement that the plaintiff was entitled to recover something, but disagreement as to the amount. The judge refused to accept a verdict in that form, and sent the jury back to consider it again. Before doing this, he ascertained that there was a possibility of agreement if deliberations were resumed. Counsel for the defendant objected to the resubmission, and now insists that it was…