Poole v Whitcomb
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1862 |
| Date | 26 June 1862 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 1345
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 6 L. T. 783; 10 w. R. 732; 3 F. & F. 70.
[770] poolk v. whctcomb. June 26th, 1862. [S. C. 6 L. T. 783 ; 10 W. E. 732; 3 F. & F. 70.] The jury having found a verdict for five guineas in an action for a trifling assault, evidently acting upon information given to them by the plaintiff's counsel that a verdict for less would not give the plaintiff her costs,-The court granted a new trial without imposing any terms. This was an action for an assault, which was tried before Crompton, ,]., at the last Gloucester Assizes. It appeared that the plaintiff had for some time tilled the position of housekeeper to the defendant; that, some disagreement having occurred between them, the defendant offered the plaintiff the wages due to her, and dismissed her; and that, as she refused to go, he caused her,-according to her statement, with considerable violence; according to the evidence of the defendant's witnesses, with no more force than was necessary,-to be placed in a cart and driven away. In the course of his address to the jury, the learned counsel for the plaintiff informed them, that she would probably not have her costs unless they gave her a verdict for at least five guineas. The learned judge in his summing-up cautioned the jury, if they found for the p|aintiff, to give her such damages as they thought she was entitled to for the assault, bpfc that they must not permit themselves to be influenced by a notion as to what sum would carry costs. The jury returned a verdict for the plaintiff, damages, five guineas. Huddleston, Q. C., in Easter Term last, obtained a rule tiisi for' a new trial, on the ground "that there had been ti mis-trial, and that the jury did not exercise an independent judgment in finding their verdict for the plaintiff for five guineas, the counsel for the plaintiff having told them that a verdict for 51. or less than 51. would throw the costs and expenses of the trial [771] upon her, and because the damages fqund were excessive and contrary to the evidence, the jury being influenced by the statement of counsel." J. J. Powell and G-riffits now shewed cause. The counsel for the plaintiff was justified upon principle as well as upon authority in telling the jury what damages they must give her if they wished her to have her costs. The plaintiff' was in a respectable position in life, and was proved to have been treated...
To continue reading
Request your trial
-
Pamplin v Express Newspapers Ltd (Note)
...to a material misdirection. Our attention was drawn to a number of authorities: 43 Mears v. Griffin, [1840] 1 Manning & Granger 796; Poole v. Whitcombe, [1862] 10 Weekly Reporter 732; Kelly v. Sherlock, [1866] Law Reports 1 Queen's Bench 686; Russell v.Weniweser, [1868] 16 Weekly Reporter 7......
-
Russell v Weneweser
...Moore, 418. Mears v. GriffinUNK2 Scott, N. R. 15. Chilvers v. GreavesUNK6 Scott, N. R. 539. Pool v. WhitcombeENRENR3 F. & F. 70; S. C. 12 C. B. N. S. 770. Cahill v. VernerUNK2 Ir. C. L. R. 549. Action for Negligence Damages not carrying Costs Setting aside Verdict on the ground that Counsel......