Blake v. Hunsberger

Citations

• 46 Pa. Super. 32
• 1911 Pa. Super. LEXIS 224

Syllabus

<p>Contract — Sale—Warranty—Horse—■Exhibition of horse in presence of fury — Evidence.</p> <p>1. In an action to recover back the purchase money of a race horse bought under a warrant of soundness, the appellate court will not review the discretion of the trial judge refusing to allow an exhibition of a horse in the presence of the jury on a street in front of the courthouse, so as to determine whether or not he was a “roarer,” where it appears that the conditions of weather, season and place were entirely different from those existing when the defect was discovered.</p> <p>Practice, C. P. — Trial—Verdict—Reformation of verdict — Jury—Discretion of court.</p> <p>2. Where the jury returns a sealed verdict overnight in favor of plaintiff without naming the amount, and on the following morning the court sends the jury back to find the amount with interest, and the jury returns with the amount calculated, such amount is properly entered as the verdict, if it appears from an examination of the jury by the court, that the jury had determined on the night before the exact manner in which the amount of the verdict was to be computed, and that they had during their separation not redistsussed the amount of damages in the light of anything that had in the meantime happened.</p>