Supreme Court of Pennsylvania, 1796

Lessee of Smith v. M'Cormick

Lessee of Smith v. M'Cormick
Supreme Court of Pennsylvania · Decided December 15, 1796
2 Yeates 164

Lessee of Smith v. M'Cormick

Opinion

Where a jury has given a verdict manifestly and grossly wrong, a court will grant a new trial, though they gave no charge.

On motion for a new trial, after argument, the court declared, that the rule where a matter of fact had been left to the decision of the jury, without any charge of the court, a new trial would not be granted, could not possibly extend to cases wherein the jury had found a verdict necessarily and grossly wrong ; but in this instance the motion was denied.,

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