Curtis v. San Pedro Transportation Co.

[548]

ROTH, J.,

pro tem.

Respondent as plaintiff sued appellant company and one Christensen for an assault committed by Christensen on December 16, 1932. Respondent on such date was a passenger on a ferry owned by the company and operated by Christensen, its servant. The facts constituting the assault are not questioned, nor is any point raised as to the responsibility of the appellant company for the acts of its servant Christensen. The company, which is the sole appellant, contends that the judgment entered upon the verdict is invalid because it does not conform to the verdict. Appellant asserts that the trial court could have cured the defect in the verdict by following the procedure outlined in section 619 of the Code of Civil Procedure, and in no other manner.

The verdict of the jury was as follows: “We, the jury in the above entitled action, find for the plaintiff against defendant San Pedro Transportation Co., Ltd., and assess her compensatory damages in the sum of $1,000. We further find in favor of the plaintiff against Karl Christensen and assess her compensatory damages in the sum of $2,000. ...”

It has been uniformly held in this state that a trial court not only has the authority, but that it is its duty to make a judgment conform to the verdict, when the intention of the jury is clear from the language of the verdict which it returns, considered in connection with the pleadings and the evidence.

(Truebody

v.

Jacobson,

2 Cal. 269, 284, 285;

Perkins

v.

Wilson,

3 Cal. 137;

Johnson

v.

Visher,

96 Cal. 310, 314 [31 Pac. 106] ;

Johnson