, 1863-09-13
SUPERIOR COURT IN BANG,
The Ten Tkousasd Dollar Verdict
Sustained.
Ynpsrtant Decision In the Case sr Iaus. vs.,
Res3>
INTERESTING RKsURR OF THE
OAsK...1s

OAsE.h
Indulge VanH.HtgRtns' room yestsraAJ. Judges
Wilson and Van, II. Higgins sitting IN hdse, the
motion docket wAs called aud ono OF two unim |
portant motions dlsposed Of
In Tho afternoon Judge Wilson delivered Tho
opinion Of tho Court on tho motion lor now trial
In the celebrated case Of 1pnlsvs Roas. As some |
nmarkAbls facts connected With this case hAyo
attracted The attention Of the public. Nc Et.s
Judge Wilson's decislon below. prc1Bclnr It With |
brief and explanatory statement.
lnDeeenbcr 1852. younE 1uRn named A. q.
Innie. ~ho had been In the employ OF Wn. II. |
Noss & Co., aa cashier. slnce 1855, left them TO,
the putpose Of going into business for himself |
lie bad previously, IN th. Inonth Of September,
requested the bookle= =pcr to mske up his account
with the ttr,. lnniA had brother In business 1t
Quincy. Who purchased goods OF Rosa' house, and
when fhe statement Of the calhter's account was
made ont, be was surprised to ind that instead OF
the frm owing him &l5d, they had charged the In
dehtedcess OF hla brother to bis account, and \
brought hIc, in thsr debt scventy<even dollars
lie protested against payang bis bsothes's dehts.
and informed the book,keeper that he |
would take his payment out Of the hszt money |
that passed through his hauds. he did 10, aud !
soon afte. he left hs leir tho employ Of the arm.
Criminal prosecution was commenced aralnet him
By the lra,, before 1uetlee At1liktn: who dis
charged 1unts and declared that be had not been
| guilty Of cnbexxlcment-
An action for damages Was comuaeuced sgatnss
the Ross's soou atter, and \ verdict Of t01 OBJ
tail. In 1nnis' favor; but owing to some iliosm
| ality The verdict Mas set astda. Subsequently
another action Was commenced By Iunts, and d
veruset Of 5000 ob,aiLcd agsinet tho Hrru. But
| this ye1dict also ert aelde On account Ut an
error In the Instructions Of tho Court 10 tho usT
On the third ts1al, which took place last june,
the Jury donb1sd the amount OF the former yer.
DICT, ind, insttad of three or fve, found verdict
! OF ten tLoutan1 doliatE-Gne OF the lartsss Jndg-
rt1ts, IL, N action of this klud, rendered in
the S,At& of Illinois.
The defendant not satisfied with his experience
of new trials etill demanded another Inyesttga-
top, sid hled his motion for ttat purpose,
the fate Of which IL determined In the decisioA
given below:
JCpoz Wilson'S DECISION.
The other ulces are very familiar with this
I case u each Of them has tiled It before. ha1a
nevtr tried II, and m. couseqnentfy, notso well
acquainted with It's details. The case has been
| argued three times, on motion Tor new trial
bvIore = full bench. Three Tsrdlets hare bscn
rrLder, for the plaintiff IN the case. At one
L
verdict, " as granted because 1t appeared That
4 one Of the counsel for the plaintiff wa also
It counsel against oEe Of the Jutors who tried the
TIC c..o has NOW become yer5 important to
J both paltlrt. The vefdct IL WY laF,s. .At thn
1T former tral, loand great dli:u1ty u the csss
r tht stood, III granting the motion Tor Tue nav
y t.'a. hut tho point on which re nsw tn va
ct thought II to the psrtiea. tbs Ao1nt WAS
70 large. aau 30 We Voluntarily sslzsd apou wh.s
srounu srnnsea ss Lew | tr,si. Nov, tho ssrdics Il
iwics AZ 1argr It WA then. then examined the
question IN reiasios to setting aslde tue verdict On
:. tue ground Of e1cest Of danases.
N 1u this Glars oi canet tis Court eonnot aas ths
III ytdtt aside teeAuae 1t ID excessive, fur III: rea
verdict is too la,gs II ea.s Of tbs klna !. ao q
IA! aud adequate compensation 70, sls hs has eaf
m ltr.u ii consrqG-nce Of tho wrong. bu
sy se. iy eed 1stSe ,ss Ss' :.
1c, Ill ncnt for the injury committed. Sos, win.
a1auunt il sufficient unGel the circumstaul-e 10
Lu- upon the condition and circumstances OF the par
tie. One question ~ be considered II. ho~ muel
a'e the pa.tle, worsh: because \ verdict tha
u neanf. might TO man in other c1scumstances B.
,s 10 Punishment at ali. Then the condition In LII
TT ~ eonAe proportion to the rank Of the party. AM
IA these qustt:ols arc 70 compl!s.ted that !: !,
~ nIslH lmuos1ue luz toe C"u.1 70 oes.1 w,
IN, HnsMet .nS oeMt e'e eAI ~ ssne " ~.
nAA eItIeA "nA .1e stAo ~. y! tau ,titI .stGr
snc n1ti ta.tAocs, Auu ~ Il ~" sanoe oo1o.1a
mt mn tey alge sefqet Me eGsn sssuet a,h e,
lat mo9'a tos hass Essea, bos a aase feaa u
7g- osf1 .Aa Eshs n. sa9 ~ ~, soms n
AT Wal 1ast Nna .hG eens, IN nos - 19ae ac
sh.ps!sea - Tas u tne Atst ~ ~ aeu ~
&c @ hon uhae1t tI1o WY w. taa1 sno ~! sa9at
rAu AarS sn.u oo tt9 - at ~ .h t T.; ~
to ,ie 4; ti W t ana1 u.1 @ 1 81 s,. @ -
rs ~. ,h ~ ] III os. T. :., : -. Wy, T., sh a1a,ns =
ZIG III nS s ht - EIns tt.n % ~ ~ ~ i.Trn
t39,s ts;nt ~, ~ r11cn Wttn -" S,,.st ii,
~. sra S,ersni. 1itT ~ 'N
ar3 M. TX AR ohi rtfr, nr a;oef the rsr3.r
f,r | il Ih.t ~. dt.nSsrt hi enrnfnhin c.n.r m
~ m,..h,t *, S.et" n."r.a IN thfs rss. .hnr, ~
AZ thcn ~.s ~ VS. ~, nroh.h. ransc i. nncxtIn
H.. thn ir,r .nt !. stnhn;tfs5 10 fha inr1 ~ n
f.,t irst,rrnns .se H.. it,rr rnn,d 1nt raye inut
' iIts -, .u;;,,x H,i. tssr hsS fnnnd nndar NJ
3ps tn.t,n,1,tEs ~, .;,a 80 n-nheSfo rsr.r m
ult ns"A..ot M .1a. s .aste "eo ssn 80 nsob .h
!5 Ga nefG ,sn - ~ arsa cs,cet ot ths nse s.
E1 ~tt, s. =. - nn9 ~. nriit. fThc in,~ 1,en mn
Ss tnd th, ~ SUM-, - rnhshi. ~ md,
ter ~ ,punI .aas 'ue1e as ~ pt'e0's
=, *EG ,hst! ae.lG"s. H.. .h.+ a.. ,.fcrj.nf In 1,
eia As secono Pont -, ASt +1 -. nniic1 80 aarif
non sAMhk ia Ell, s IL stst. - lin, II
en- ~ soehse4+ a1to@ July 49, '".As ~ e@'-'@
Eo1,. the iufv were Instructed tat Ii this v.
a, then saey must md TIC defsnt!ant not ailf!
btIt H. on tHe QtHFf HAUL LUZ 4Gse"I0 *A1t