69 Wis. 521 | Wis. | 1887
This case has been before this court on two previous appeals (53 "Wis. 462, and 65 Wis. 487), and the law applicable to it fully settled. It is now objected that the circuit court on the last trial misapplied the directions of this court, as given on the former decisions, in several
The charge of the court is criticised in several respects. It is too lengthy to be quoted entire, but an examination of it will show that the criticisms passed upon it are not well founded. We are satisfied the learned circuit court endeavored to follow the decisions of this court in its charge. The jury were told, among other things, that the burden of proof was upon the plaintiff to prove the marriage contract as alleged, and that she must do this by a preponderance of testimony; that, if the jury found the evidence on this point evenly balanced, there could be no recovery. The plaintiff’s case rested mainly, if not entirely, upon her own testimony; but, if this was of sufficient probative force to convince the jury of the truth of her statements, they were at liberty to base their verdict upon them, though unsup
The verdict is excepted to because it is said it was a gambling verdict; that is, that there was an understanding between the jurors that each should mark a sum, and that the twelve sums should be added together and divided by twelve, and the quotient should be adopted as the verdict. There is really no evidence whatever in the record to show that the verdict was arrived at in that manner. We must presume, in the absence of proof to support the contrary supposition, that the verdict.was the deliberate result of the individual judgment of the jurors, or that there was nothing wrong or unusual in the mode of arriving at the amount of damages.
But it is said the damages are excessive, and for that reason there should be a new trial. There have been three verdicts in this case. The first was for $1,050; the second, for $3,500; the present verdict is for $2,144. In view of these repeated trials and verdicts, we cannot say that the
This disposes of all the material questions in the case.
By the Court.— The judgment of the circuit court is affirmed.