43 A. 636 | R.I. | 1899
For such a gross and indecent assault as the defendant is proven to have committed upon the plaintiff in this case, we cannot say that the damages, assessed by the jury at $600, are clearly excessive.
The newly discovered evidence, so-called, is not of such a character as would be likely to change the verdict.
The fact that two of the jurors were not regularly drawn, or at any rate that the record in the town clerk's office at Westerly does not show that they were, is no ground for a new trial. The petition does not allege that plaintiff's counsel inquired as to the qualification of the jurors before going to trial and was misinformed; and we may therefore presume that he went to trial without making such inquiry. And it has been held by this court that where a party goes to trial without such inquiry, he thereby waives the objection. Ryan v. RiversideMills,
In Fiske v. Paine,
In Wassum v. Feeney,
The same rule has been applied by other courts to disqualification *331 by reason of alienage, although not in fact known till after verdict. Hollingsworth v. Duane, 4 Dall. 353; Presbury v.Commonwealth, 9 Dana, 203; The King v. Sutton, 8 B. C. 417; The King v. Despard, 2 Man. Ry. 406; Case of theChelsea Water Works Co., 10 Exch. 730 State v. Quarrel, 2 Bay, 150; Page v. Danvers, 7 Met. 326 Case of a Juryman, 12 East, 231, note.
The verdict is not against the evidence. The evidence offered by the plaintiff clearly shows that the defendant was guilty and that he admitted his guilt; and he did not even take the stand as a witness to deny it.
Petition for new trial denied and dismissed, and case remitted to the Common Pleas Division with direction to enter judgment on the verdict.