14 Del. Ch. 124 | New York Court of Chancery | 1923
Various reasons are urged as to why the issue should be resubmitted and a new trial had. These reasons are embraced in eleven paragraphs of the complainants’ written motion. They may, however, be classified as follows:
(1) That the verdict is against the evidence.
(2) That the Superior Court erred in rejecting certain evidence tendered by the complainants for the purpose of showing the value of the goodwill of the business which the complainants purchased from the defendants and how much the same had been impaired by the defendants’ wrongful competition.
(3) That the Superior Court erred in rejecting evidence of the value of an agency to sell Ford automobiles in the town of Smyrna.
It is agreed by the solicitors representing the parties that the verdict of the jury on an issue sent by the Court of Chancery to be tried at the bar of the Superior Court, is not binding on the Chancellor; that the verdict of the jury is only advisory; and that if for any reason the verdict is not satisfying to the Chancellor’s conscience, for whose enlightenment it is sought, another issue may be framed and submitted for trial to another jury, or the Chancellor may disregard the verdict already rendered and himself proceed on the evidence disclosed by the record to make a finding. That these agreed principles are settled in the law appears from the text found in 21 C. J. 594, par. 735. While, however, it is true that the verdict is in no wise conclusive upon the Chancellor’s judgment, yet it is entitled to great weight and ought not to be lightly disregarded. The same citation from 21 C. J. contains language to this effect. This principle appears to be so well grounded in reason that I have not deemed it necessary to examine the authorities in its support. If the fact, the truth of which the issue is designed to ascertain, is of such character as to prompt the Chancellor to invoke the aid of a jury in its ascertainment, it is not to be supposed that the judgment of the jury when obtained will be arbitrarily disregarded or even lightly considered. If it were not so, the Chancellor would betray a lack of confidence in the jury’s judgment which his action in directing the issue'would hardly warrant. Especially is the jury’s verdict entitled to considerable weight
In the opinion filed by me when the nature of the decree to be entered was determined upon (13 Del. Ch. 214, 117 Atl. 131) I observed that the possible damages occasioned by the breach of the covenant ranged from a nominal sum to as high as $12,000, the sum then contended for by the complainants. The jury, after a rather extensive hearing, reached the conclusion that $3,000 is a fair measure of the complainants’ damage. It is now urged that the verdict finding this to be the proper amount is against the evidence. If by this it is meant that there is no evidence whatever which would justify the jury in naming this figure as the amotint of damage, I am constrained to disagree with the contention. It is true that the complainants introduced testimony which if accepted by the jury at its full face value would suggest a sum larger than $3,000 as the correct measure of the damage. But the jury was not bound to accept in full the complainants’ representation of the damage. Especially is this true when it is remembered that the damages were typically unliquidated in character depending for their measurement upon the extent to which the defendants’ competition had taken trade away from' the complainants, and that the defendants offered testimony which if believed was calculated to show that the loss of business which the complainants allege they suffered was due in large part to their own inattention and costly if not wasteful management. It is unnecessary to review the testimony adduced by the parties in support of their respective contentions in order to show the correctness of these observations. It is sufficient to say that there was evidence in the case which if accorded credit would support the jury’s finding.
If, however, by their first reason the complainants mean to say that the verdict was against the weight of the evidence, then it is proper to observe the application of certain principles of law
2. The second reason advanced for a new trial is, that the Superior Court erred in rejecting evidence offered for the purpose of showing the value of the goodwill of the business which the complainants purchased from the defendants and how much the same had been impaired by the defendants’ wrongful competition. The rejected evidence consisted of the proffered testimony of the complainants, two automobile dealers located in Dover which is eleven miles distant from Smyrna where the place of business of the complainants is located, and a real estate man. One of the complainants did testify without objection that the wrongful competition by the defendants had damaged the selling price of the property which the complainants had purchased from the defendants to the extent of four thousand dollars. But when objection was
In Wilcox's Adm’r. v. Wilmington City Railway Co., 2 Pennewill, 157, 44 Atl. 686, opinion evidence concerning the earning capacity of an individual was rejected. This ruling is the only one in this State, with which I am familiar, which approaches in principle the question here involved. Though the ruling in the Wilcox Case is not precisely in point, yet by analogy it may be argued it is; for while in that case the question was of the earning
“Opinions of witnésses are not competent as evidence when the inquiry is into a subject-matter, the nature of which does not require any peculiar habits or study or scientific knowledge to understand it. The opinions of the physicians were not only -unnecessary to enable the jury to ascertain the damages sustained, but were highly improper. If they did not have a knowledge of the facts, the sickness and the practice performed by the defendant, an opinion was a mere guess. If they had such knowledge from a detailed statement of the facts the jury could have assessed the damages. All the facts bearing upon the question of damages should have been laid béfore the jury, and they would have been fully competent to fix the amount of the verdict without the aid of the opinions of others.”
In the instant case the jury had before it all the available facts which were of no meager extent from which they themselves could study the effect of the competition upon the goodwill purchased by the complainants and appraise it in dollars. Opinion evidence must, if worth anything, have been founded on just such facts as were in possession of the jury.
"The true theory, then * * * is simply that of exclusion of superogatory evidence. It is not that there is any fault to find with the witness himself or the sufficiency of his sources of knowledge or the positiveness of his impressions; but simply that his testimony, otherwise unobjectionable, is not needed, is superfluous. * * * It [the rule] simply endeavors to save time and avoid confusing testimony by telling the witness: ‘The tribunal is on this subject in possession of the same materials of information as yourself; thus, as you can add nothing to our materials for judgment, your further testimony is unnecessary, and merely cumbers the proceedings.’ * * * We are dealing merely with a broad principle that, whenever the point is reached at which the tribunal is being told that which it is itself entirely equipped to determine without the witness’ aid on this point, his testimony is superfluous and is to be dispensed with.” Wigmore on Evidence, (2d Ed.) vol. 4, § 1918.
In the case before me some of the witnesses whose opinions were sought were automobile dealers from Dover and a real estate man. It seems very clear to me that even if their competency to' speak and the sufficiency of their sources of information were freely conceded (a concession which the record will hardly justify), nevertheless their testimony must have been entirely superfluous and therefore objectionable under the theory expressed by Professor Wigmore. As to the witnesses who are complainants, though it may be assumed that- the sources of their information were sufficient, yet such information as they had was before the jury and their testimony under the above theory was likewise objectionable.
On the same principle that whether offered evidence is the best evidence presents a question of law for the court (Boyer, Adm’r., v. Broffey, 109 Ill. App. 94) it would appear that a like question is presented when a tender is made of a witness’ opinion. In passing upon this question the court is to be governed by the circumstances surrounding the particular situation presented. No hard and fast rule prescribing in advance the court’s conduct can be laid down. With respect to many opinions, it would appear clear that their admission in evidence is to be governed largely by the discretion of the court. 22 C. J. 514, par. 601; Chamberlayne, Modern Law of Evidence, vol. 3, § 1834. This is most commonly manifested in those cases where the opinion is offered of one who
“Cases arise where it is very much a matter of discretion with the court whether to receive or exclude the evidence [opinion]; but the appellate court will not reverse in such a case, unless the ruling is manifestly erroneous."
In rejecting the opinions of witnesses in this case as to the
If, however, it be conceded that the Superior Court did err in this regard, it does not follow that a new trial should be granted. •Even though error may have been committed in rejecting or admitting evidence, yet if the Chancellor is satisfied that such error could have had no prejudicial effect and that the verdict so far as such error could in any way legtimately affect it is nevertheless right, the new trial will be denied. Black v. Lamb, 12 N. J. Eq. 108; Thomasson v. Kennedy, 3 Rich. Eq. (S. C.) 440; Head v. Head, Turner & R. 138, 37 Eng. Reprint, 1049. If the rejected opinion evidence had been received, its probative value in view of all the other facts in the case would have been of so little weight as not to be entitled to influence the jury. The case, therefore, is one where if there was error in rejecting evidence, the error was not such as to be material, for if it was admitted and allowed only its proper weight, the result should not have been altered. To emphasize this statement, I might say that if I could now receive for my consideration the opinions which the Superior Court .rejected, I would not accord to them enough of influence to offset the legitimate inferences to be drawn from the other evidence in the case for the plain reason that such opinions, if founded on less than the proven facts, would be worthless and if founded on all the facts in evidence would still be no more than expressions of opinion upon the effect of all the evidence in the case, a question which it is for the jury and later the Chancellor to pass upon, and a question of a kind which does not require the aid of a specially informed expert to properly answer.
Regardless, therefore, of whether there may have been technical error in the ruling referred to, it is sufficient for me to rely on the reasons just given for refusing a new trial on the ground of such alleged error.
3. The third and last reason advanced for granting a new trial is that the Superior Court erred in rejecting evidence of the
I am unable to say that the verdict rendered, by the jury is so clearly against the weight of the evidence that it should be disregarded and a new trial directed. On the whole I am satisfied with the verdict and a decree will accordingly be entered.