Humphries v. District of Columbia

Citations

• 174 U.S. 190
• 19 S. Ct. 637
• 43 L. Ed. 944
• 1899 U.S. LEXIS 1494

Syllabus

<p>In tbis case a jury was empanelled, trial had, and the case submitted on the 30th of November, 1896, with the following written instructions: “ When the jury agree upon a verdict, write it out, all of the jurors sign it, date it, seal it up and deliver to the foreman, to be delivered in open court on the 1st day of December, 1896, and in the presence of all who sign it.” On the 1st of December the jury returned the following verdict in writing signed by all. The official record of the proceedings is as follows: “ Come here again the parties aforesaid in manner aforesaid, and the same jury return into court, except John T. Wright, who does ' not appear, and having said sealed verdict in his possession as foreman sends the same to the court by Dr. McWilliams, who delivers the same to the court with the statement that the said John T. Wright is ill and confined to his bed and physically unable to appear in court; that he, said McWilliams, is his attending physician, and as such received from said Wright said sealed verdict with direction to deliver it to the court; whereupon the defendant, by its counsel, objected to the reception, opening and reading of said sealed verdict; whereupon, in answer to the questions of the court, the remaining jurors severally on their oath say that they severally signed said verdict, and that they saw said John T. Wright sign the same, and that the name “ John T. Wright,” signed thereto, is in his handwriting; “thereupon the remaining jurors on their oath say they find said issue in favor of the plaintiff and assess her damages by reason of the premises at seven thousand dollars ($7000).” Tbe counsel for the defendant ask that the jury be polled, which is done, and each of said remaining jurors on his oath says that he finds said issue in favor of the plaintiff and assesses her damages by reason of the premises at $7000.00. Judgment was entered on this verdict against the District. It was contended by the District, which contention was