57 Ind. App. 62 | Ind. Ct. App. | 1914
Appellee brought this action against appellant in the court of a justice of the peace for an unpaid balance of $66.92 on an account for lumber. The appellee recovered, and appellant appealed from the judgment. The case was tried in the Elkhart Superior Court and resulted in a verdict and judgment in favor of appellee for $62.
The overruling of appellant’s motion for a new trial is the only error assigned. The motion for a new trial contains several grounds, but the only cause relied on and presented by the briefs is the alleged misconduct of the jury in arriving at the amount of the verdict.
Furthermore, if the showing made was not insufficient for the reasons already stated, our conclusion would necessarily be the same for other reasons. The affidavit of the two jurors shows that the verdict in this case was not a quotient verdict. There was no agreement to add the amounts fixed by the several jurors and to divide the total by the number of the jurors and return the quotient so obtained as their verdict. The fact that $62 was suggested by two jurors did not vitiate the verdict for that amount which was thereafter agreed upon by all the jurors. It is also apparent from all the facts stated in the affidavit of the jurors that if the amount of the verdict had been determined in' the manner asserted by appellant, it would not have been for the sum of $62. The evidence is not before us, and on the record presented we can not say that the verdict was unwarranted nor that the court erred in overruling the motion for a new trial. Model Clothing House v. Hirsch (1908), 42 Ind. App. 270, 274, 85 N. E. 719. Judgment affirmed.
Note. — Reported in 106 N. E. 380. As to misconduct of jurors, other than their separation for which the verdict may be set aside, see 134 Am. St. 1033. As to the validity of a chance or quotient-verdict, see 16 Ann. Cas. 910. See, also, under (1) 29 Cyc. 980; (2) 29 Cyc. 982, 989.