Benjamin v. Stewart

Citations

• 61 Cal. 605
• 1882 Cal. LEXIS 668

Syllabus

<p>New Trial—Verdict—Mistrial.—No verdict was rendered by the jury for or against one of the defendants:</p> <p>Held: It may be that there was a mistrial, or no trial, as to such defendant, and that the Court below may hereafter proceed to try the case as to him; but there was no cause for a motion for a new trial, or for an application to vacate the former verdict.</p> <p>Id.—Irregularity in Proceedings of Jury—Misconduct of Jury—Affidavits.—When the motion for new trial is made on the grounds of irregularity in the proceedings of the jury, and misconduct of the jury, it must be made upon affidavits.</p> <p>Id.—Damages—Passion or Prejudice.—There is no provision of the statute which authorizes the setting aside of a finding because of the “passion or prejudice ” of a jury exhibited by the rendition of a verdict for insvfficient damages; and as the whole matter is statutory, such assignment is not proper as an independent ground for setting aside a verdict.</p> <p>Id.—Id.—Insufficiency of the Evidence.—It may be that under the fifth statutory ground for a new trial—■ ‘ ‘ insufficiency of the evidence to j ustify the verdict ”—a party might urge that the jury found against the evidence, in finding a less sum than the evidence established as the amount of damages sustained. But in such case the statement must specify the particulars of insufficiency; otherwise, it must be disregarded.</p> <p>Id.—Id.—Verdict against Law—Instructions—Assault and Battery— Exemplary or Vindictive Damages.—Where, in an action for damages from an assault and battery, the court, in its charge, enumerated certain things as constituting elements of damage, as to which there was no evidence of the money value; and further charged the jury that plaintiff was entitled to recover “ for bodily pain and mental anguish,” etc.; and further, if the assault was “ wanton or reckless,” etc., exemplary or vindictive damages.</p> <p>Held, For the things enumerated, the jury could assume only that nominal da