28 A. 529 | Conn. | 1893
This case was before us at a former term upon appeals taken by both parties. Fritts v. NewYork New England R. R. Co.,
Under the old practice, for some years at least prior to 1882, such cases were constantly brought up by motions in error or by motions for a new trial at the election of the parties. Theoretically perhaps under that practice the appropriate method for bringing up such cases was by a motion in error. See the note to Zaleski v.Clark,
When, however, the errors related to and affected the trial of the facts it was, as a rule, required that the case should be brought up, whenever it could be, by a motion for a new trial rather than by a motion in error. Ward
v. Donovan,
These, and numerous other cases of a like nature that might be cited, clearly show that this court under the old practice constantly heard such cases upon motions for a new trial and constantly advised new trials therein, although there had been no mistrial at all as to the facts found.
The present statute relating to appeals to the Supreme Court abolished these motions, substituting therefor one uniform method by way of appeal, and as a consequence abolished all the distinctions which had their origin in the differences between these motions. Under this statute, as before, this court still has the power in cases of the kind we have been considering, either to reverse the judgment merely or to grant a new trial; and it can now exercise this power unhampered by the form of the procedure adopted to bring the case up. General Statutes, § 1135.
Furthermore, under the old practice prior to 1882, this court, if it advised a new trial, could do so either with or without conditions and qualifications. Chambers v.Campbell *457
Under the former practice also, as a general rule, if a new trial was granted without qualification it meant a re-trial of the entire facts; and this was true, as appears by the cases cited, whether the errors did or did not affect the finding of facts. Zaleski v. Clark,
We think this still is and ought to be the rule. It is of great importance to all concerned that the rule upon this subject should be plain, simple, easily understood, and capable of ready application. The rule as recognized and enforced in the last named case is of this nature and ought to be adhered to.
It follows from what has been said that this court, when the former appeal in the case at bar was before it, had the power to reverse the judgment merely, or to grant a new-trial with or without qualification. It chose however to grant a new trial, and the question is whether it granted such trial without qualification or not. For the answer to this question we must look to the language used by this court in granting the new trial.
The opinion in the former appeal, after disposing of one of the plaintiff's claimed errors, closes as follows: — "But we think that the lessened market value of the horses in consequence of the runaway was a proximate and legitimate element, of damage. * * * In this last particular there is error on the [plaintiff's appeal, and a new trial is granted." It is manifest, we think, from this language that the effect and scope of the new trial thus granted is not expressly limited or qualified in any way. The error found and pointed out is indeed confined to one part of the case, but the scope and effect of the new trial is not in express words so confined. If, then, any such limitation exists it must exist by necessary implication. It is said that the court cannot have intended to grant a new trial as to the facts of the case, because they had all been fairly found already and were not affected by any of the claimed errors, and that these last could be corrected without requiring a re-trial of the facts. *458
This was undoubtedly a good reason why this court might have contented itself with reversing the judgment merely, or with granting a qualified new trial in express words; but in the light of the cases hereinbefore cited it cannot fairly be urged as a reason for annexing by implication to the new trial granted a qualified or limited scope. The language employed is without limitation or qualification. If such implication exists in this case it must also have existed inZaleski v. Clark, and in all the other cases like it hereinbefore cited, and yet this court in those cases never recognized any such implication. We think the language used fairly imports a new trial without qualification or condition.
It is claimed, however, that certain cases previously decided by this court are in conflict to a certain extent with this view of the case. In Crane v. EasternTransportation Line,
The case of Butler v. Barnes,
Now, whatever else this last case decided, it is quite certain that it did not overrule Zaleski v.Clark,
The judgment appealed from is reversed and a new trial is granted.