Langdon v. Superior Court

HOUSER,

J.

Certiorari. The purpose of this proceeding is to review the action of the superior court in a case appealed thereto from the justice’s court. From a judgment rendered in a cause of action for damages arising out of a collision between two automobiles, the unsuccessful party to the action appealed to the superior court. In the course of the trial before a jury in the superior court, it was stipulated that there was expended by the plaintiff for repairs upon its automobile the sum of $248.32. No further stipulation with

[42]

reference thereto was entered into between the respective parties either personally or by their counsel. The jury was instructed that if it found for the plaintiff, damages should not exceed $248.32. After some deliberation the jury returned a verdict for the plaintiff in the sum of one dollar. By the direction of the court the clerk of the court entered the verdict. Thereupon counsel for plaintiff moved the court “to direct the jury that, having found for plaintiff, their verdict must be in the sum of $248.32, for the reason that that was the stipulation made between counsel during the trial of this case.” Over the objection of defendants’ counsel and against the protest of the jury, the court granted the motion and directed the jury to return a verdict in the sum of $248.32. Judgment was entered on the verdict, and a motion for a new trial was denied. The colloquy among the judge, the respective attorneys and several members of the jury leading up to the rendition of the final verdict was somewhat extended and is too long to be here inserted; but it clearly appears therefrom that in no uncertain terms was the jury peremptorily ordered to so change the verdict that instead of the damages in favor of plaintiff being the sum of one dollar they should be for the sum of $248.32; that different members of the jury explained to the judge that the original verdict for plaintiff in the sum of one dollar “was rendered as a compromise measure”; that they “finally agreed upon a compromise verdict, but they were not willing to agree for the whole amount”; and that “several of the jurors agreed to vote for the plaintiff on condition that the sum be fixed according to the judgment of the jury, for one dollar”; that the jury requested leave to recall the verdict in favor of plaintiff for one dollar in order that they might more fully consider the question of alleged contributory negligence of plaintiff and, if so determined, render a verdict for defendants, or otherwise alter the verdict; but the judge refused to decide what their powers were in that regard.