Wenberg v. Homer

Supreme Court of Pennsylvania

Wenberg v. Homer

6 Binn. 307

DecidedApril 15, 1814

StatusPublished

This text of 6 Binn. 307 (Wenberg v. Homer) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wenberg v. Homer, 6 Binn. 307 (Pa. 1814).

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Opinion

Tiúghman J.

There is no reason to arrest the judgment, because the verdict on the bad count was for the defendant. As to damages, although it is possible that the jury may have been influenced in some degree by the evidence applicable to the other counts, yet we ought not to suppose so, unless it is very plain. Judge Yeates does not think the damages so improper as to authorize anew trial, supposing them to have been grounded solely on the evidence applicable to the first and second couqts; and it appears to us all in the same light. We are therefore of opinion that judgment should be entered on the verdict.

Judgment for plaintiff.

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Tiúghman J.

There is no reason to arrest the judgment, because the verdict on the bad count was for the defendant. As to damages, although it is possible that the jury may have been influenced in some degree by the evidence applicable to the other counts, yet we ought not to suppose so, unless it is very plain. Judge Yeates does not think the damages so improper as to authorize anew trial, supposing them to have been grounded solely on the evidence applicable to the first and second couqts; and it appears to us all in the same light. We are therefore of opinion that judgment should be entered on the verdict.

Judgment for plaintiff.

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Bluebook (online)

6 Binn. 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenberg-v-homer-pa-1814.