Johnson v. Porter

2 Del. 325

• Court: Superior Court of Delaware
• Decided: July 5, 1837
• Status: Published

Opinion

Per Curiam:

J. M. Clayton, Chief Justice.

This was a case of an aggravated assault and battery. The damages are laid at §>5000; and a case of beating a man over the head with an iron poker and in his own house was proved. The verdict was six cents damages.

We shall not now decide that this court will, in any case, set aside a verdict for mere inadequacy of damages; and we do not decide the reverse. But in any case where the verdict is strongly against the evidence, and this is accompanied by proof that the party in whose favor the jury has erred has been seen in conversation with them after they were sworn, and he does not promptly account for the conversation, we will set aside the verdict. We throw the burden of exculpation on him. He has no business with the jury, except in court. He ought to keep away from them, and if he will place-himself in suspicious circumstances he must be prepared to clear himself from the suspicion, or take the consequences. We will do what we can to keep the streams of justice uncontaminated; and we think' that this is one of the most dangerous, as we fear it is one of the most frequent, obstacles to justice.

Rule absolute.