145 A. 718 | Pa. | 1929
Argued February 5, 1929. R. Bruce Parks and Charles Eberle each, separately, sued J. H. Bishop to recover damages for personal injuries. Counsel of record entered into a stipulation that "the two . . . . . . actions [shall] be tried at the same time, since both are the outgrowth of the same transaction"; and they were so tried. The jury rendered a sealed verdict which reads: "We find for the defendant in this case, Mr. Bishop." After a colloquy between the foreman of the jury and the presiding judge, this verdict was entered separately, on the record of each case, as a finding for defendant. Motions to amend the verdict *93 and for a new trial were subsequently dismissed, in each case, and judgment was entered in each of them for defendant. Plaintiffs have filed two appeals in this court, which were argued together.
The opinion of the court below, disposing of the before-mentioned motions, states at one place: "We are thoroughly satisfied that the jury intended to render a verdict in favor of the defendant in both cases," and, later, "We have no doubt but it was the intention of the jury to render a verdict in both cases for the defendant."
The only questions stated by plaintiffs as involved on these appeals are: (1) The court having instructed the jury to render two verdicts, should not the verdict as rendered have been set aside? (2) Did the court not err by entering judgment in both cases for defendant, instead of granting a new trial?
In Friedly v. Scheetz, 9 S. R. 155, 165, this court very early said: "Strict form is not now required in verdicts; it is only to be understood what the intention was, agreeable to which the verdict may afterwards be moulded into form." In the case of Mosier v. Wolverton,
The judgments are affirmed.