Page:Federal Reporter, 1st Series, Volume 6.djvu/142

 130 FEDERAL EBPOBTBK. �undoubted general current of the evidence, so that the court caia clearly see that they have acted nnder some mistake, or from Bome improper motive, hias, or feeling." And Justice Gurtis, saying in 1 Gurtis, 64 : "I hold it to be my duty not ta interfere with the verdict of a jury as being against the evidence unless I can clearly see that the jury have uncon- sciously fallen iato some mistake, or been actuated by some improper motive, in rendering their verdict;" And again saying, in 2 Curtis; 16 : "Now, what I have to determine upoji this motion is -whether I can clearly see that the jury must have fallen into some important mistake, or must have de^ parted from some rule of la^, or have made deductions from the evidence which are plainly not warranted by it." �, Now, recognizing as sound the rule of conduct deducible from these utteranees of Justices Story and Curtis, not to say prescribed by them, I am constrained to adjndge that, upon Ijhe ground firstly above stated, the said verdict should be set aside and a new trial granted; for I oannot but clearly see that the jury must have fallen into some important mistate, or must have departed from some rule of law, or have made deductions from the evidence which are plainly not warranted by it, and consequently cannot but sustain the motion. Had the verdict of the jury been simply for the defendant, without special mention of either of the two pleas in the case, it may be conceded there would have been no tenable ground for impeaehing it as against the evidence. The verdict would have been regarded as the resultant of the jury's delibera- tions upon ail the evidence submitted to them, and with their finding the court might well decline to intermeddle. But such» it is agreed, was not their verdict, "We find for the de- fendant upon the general issue, and give no consideration to the special pleas," was in substance their verdict, which, with the assent of the'leamed counsel of the parties, the court not interposing, was affirmed and recorded in these words : "In the above suit the jury find that the defendants are not guilty of the trespasses, or any part thereof, in manner and form as the plaintiffs have alleged in their declaration." And in view of these facts and this state of the record, the plaintiff now ��� �