Donaldson Iron Co. v. Howley Construction Co.

Citations

• 226 Pa. 445
• 75 A. 685
• 1910 Pa. LEXIS 792

Syllabus

<p>Practice, C. P. — Verdict—Special verdict — Contradictory verdict — ■ Setting aside verdict.</p> <p>1. It is the province of the jury to find the facts and return a verdict according to the facts so found, and when the jury makes a return in the nature of a special verdict containing contradictory findings it is not for the court to say that one part of the return is correct and another part not correct. The verdict as returned must stand or fall as it is made. It cannot be split up so that one part may stand and another part be ineffective.</p> <p>2. A verdict finding an amount stated for the plaintiff, and also finding that such amount will not be due until the happening of a certain event, is contradictory in its terms, and must be set aside. It cannot be sustained by striking out as surplusage the part relating to the time of payment.</p>