Dana v. Tucker

4 Johns. 487 | N.Y. Sup. Ct. | 1809

Per Curiam.

The better opinion is, and such is the rule adopted by the court, that the affidavits of jurors are not to be received to impeach a verdict; but they may be admitted in exculpation of the jurors, and in support of their verdict. Rejecting the affidavits of the two jurors against the verdict, there is the affidavit of two other jurors in favour of the verdict, which must outweigh that of the constable. If the jurors previously agree to a particular mode of arriving at a verdict, and to abide by the contingent result, at all events, without reserving to themselves the liberty of dissenting, such it proceeding would be improper; but if the means is adopt? ed merely for the sake of arriving at a reasonable measure of damages, without binding the jurors by the result, it is no objection to the verdict. Such appears to have been the case here ; and after the result of the division was known, they individually assented to the sum, as their verdict. The motion must be denied.

Rule refused.