Sellers v. Green

Supreme Court of New Jersey

Sellers v. Green

54 A. 556, 69 N.J.L. 228, 1903 N.J. Sup. Ct. LEXIS 192

DecidedFebruary 24, 1903

StatusPublished

This text of 54 A. 556 (Sellers v. Green) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sellers v. Green, 54 A. 556, 69 N.J.L. 228, 1903 N.J. Sup. Ct. LEXIS 192 (N.J. 1903).

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Opinion

Per Curiam.

These are actions of tort, and were tried together at the Camden Circuit. The state of the case shows that the defend[229]*229ants in one case were charged- with an unlawful entry upon the plaintiffs premises on the 9th day of 'January, 1901, and the defendants in the other case were charged with a separate and independent act of trespass committed upon the same premises three days later. The trial judge instructed the jury that the actions were separate, and gave separate instructions in each case. In spite of this, the jury rendered but a single verdict, which was a finding of $3,500 damages as against all the defendants in the two cases, saving one individual, who was discharged by order of the judge. It is obvious that this mistake on the part of the jury can only be remedied by a new trial.

Let the rules to show cause be made absolute.

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Per Curiam.

These are actions of tort, and were tried together at the Camden Circuit. The state of the case shows that the defend[229]*229ants in one case were charged- with an unlawful entry upon the plaintiffs premises on the 9th day of 'January, 1901, and the defendants in the other case were charged with a separate and independent act of trespass committed upon the same premises three days later. The trial judge instructed the jury that the actions were separate, and gave separate instructions in each case. In spite of this, the jury rendered but a single verdict, which was a finding of $3,500 damages as against all the defendants in the two cases, saving one individual, who was discharged by order of the judge. It is obvious that this mistake on the part of the jury can only be remedied by a new trial.

Let the rules to show cause be made absolute.

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Bluebook (online)

54 A. 556, 69 N.J.L. 228, 1903 N.J. Sup. Ct. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-green-nj-1903.