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Thursday, February 27, 2020

Bushrod Washington on Jury Trials

The theory of jury trials must necessarily imply a principle of compromises and concession, amongst the members of that body. In cases of conflicting evidence, where the credit of the witnesses must be weighed and decided upon or where damages are to be assessed for the measure of which no legal rule is prescribed; it is inconceivable that twelve men should arrive precisely to the same result, unless upon the principle just stated.

Harrison v. Rowan, 11 F. Cas. 663, 665 (C.C.D. NJ 1820)

Posted by Gerard Magliocca on February 27, 2020 at 08:35 PM | Permalink


Hell of ruling. Bit weird I must admit. I would rather pick this one, I quote:

Is the verdict warranted by the evidence? or in other words, ought we to be, and are we satisfied with it? Speaking for myself, I must declare that I am satisfied. But my brother who sat with me upon the trial of the issue, authorizes me to say that he is not entirely so. This difference of opinion, upon a question which conscience alone can decide, is conclusive to induce my acquiescence in the motion. As a man, I am satisfied with the verdict; but as a judge, I ought not to be satisfied, unless the court is so. Let a new trial be awarded, upon payment of the costs of the former trial.

One may reach it here:



Posted by: El roam | Feb 28, 2020 8:09:10 AM

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