46 Pa. Super. 32 | Pa. Super. Ct. | 1911
Opinion by
The assignments of error in this case raise but two questions, which appealed to the discretion of the court.
The first is as to the refusal of the court to allow an exhibition of the horse, whose soundness was the issue involved in the case, to the jury on the streets immediately in front of the courthouse, so as to have him trotted for the purpose of demonstrating whether or not he was what is known in horse parlance as a “roarer.” The court was entirely willing to have this exhibition made, if the plaintiff’s counsel assented to it. The proposition was made in open court, and refused by the counsel for the plaintiff on the ground that the difference in season, the difference in the condition of the horse, the difference in the place where he was to be exercised, and the changed conditions generally, would not exhibit what was shown or alleged to be shown as to the condition of the horse, when the alleged defect was testified by some of the witnesses to have been discovered, or at least manifested. The defendant admits in his argument that “no race track at the time of the trial was in condition to use, nor could a race horse be driven three miles at speed in the cold weather.” When the proposition was made to have the examination or trial of the horse in the presence of the court and the jury, the question was submitted to the plaintiff, whose counsel said: “I have this to say about that. I appreciate the purpose of an offer of that kind. In the first place, we
The second assignment is as follows: “The court erred in refusing to grant a new trial, because the verdict for $303.79 was a change in substance from a sealed memorandum of verdict 'We find for the plaintiff/ the jury having separated, retired and deliberated, after the latter finding.”
. The docket entry in relation to the verdict is as follows: “March 24, Jury rendered verdict in favor of plaintiff for $303.79 damages and six cents costs.” This, as is held by all our cases, is the verdict.
It appears from the proceedings in court, as reduced to writing by the stenographer: “The jury rendered a verdict for the plaintiff. The Court: You find a verdict for
It would seem from this extended colloquy between the court and different members of the jury that the court had been extremely careful in ascertaining whether or not the jury had been led by anything that occurred during their separation to a rediscussion or a reascertainment of the damages. It clearly appears from their answers that no such discussion occurred and that their action in the jury room was simply a reducing to figures the damages upon which they had agreed in the first instance before their
The case was laboriously tried and was submitted to the jury in a thoroughly exhaustive manner by the court, which is not in any degree questioned by the appellant, and we are, therefore, of opinion, based upon authority fairly representative in Kramer v. Kister, 187 Pa. 227; Smith v. Meldren, 107 Pa. 348, “The Court had power to put the verdict in proper form;” Neale v. Engle, 4 Sadler 1 (the last two cases are specially in point and the facts are practically similar to those here presented), that the defendant has no reasonable ground of complaint.
Judgment affirmed.