Butts v. Union Railroad Co.

Supreme Court of Rhode Island

Butts v. Union Railroad Co.

44 A. 933, 21 R.I. 505, 1899 R.I. LEXIS 119

DecidedDecember 27, 1899

StatusPublished

This text of 44 A. 933 (Butts v. Union Railroad Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butts v. Union Railroad Co., 44 A. 933, 21 R.I. 505, 1899 R.I. LEXIS 119 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) While the conduct.of the juror, in wagering a cigar as to what the verdict would be, was highly censurable and would have been sufficient to subject him to punishment if it had been brought seasonably to the attention of the court, still the plaintiff has not shown us by the testimony that the verdict is not fully sustained by the evidence. If the case were a close one on the evidence, or there was reason to believe that the rights of the plaintiff had been injuriously affected, a different question would be presented. Patton v. Hughesdale Mfg. Co., 11 R. I. 188 ; Kaul v. Brown, 17 R. I. 14; Clarke v. South Kingstown, 18 R. I. 283 ; and see Garside v. Ladd Watch Case Co., 17 R. I. 691.

New trial denied.

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Per Curiam.

(1) While the conduct.of the juror, in wagering a cigar as to what the verdict would be, was highly censurable and would have been sufficient to subject him to punishment if it had been brought seasonably to the attention of the court, still the plaintiff has not shown us by the testimony that the verdict is not fully sustained by the evidence. If the case were a close one on the evidence, or there was reason to believe that the rights of the plaintiff had been injuriously affected, a different question would be presented. Patton v. Hughesdale Mfg. Co., 11 R. I. 188 ; Kaul v. Brown, 17 R. I. 14; Clarke v. South Kingstown, 18 R. I. 283 ; and see Garside v. Ladd Watch Case Co., 17 R. I. 691.

New trial denied.

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Bluebook (online)

44 A. 933, 21 R.I. 505, 1899 R.I. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butts-v-union-railroad-co-ri-1899.