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13 Mich. 21

Peck v. Snyder

Michigan Supreme Court

Decided October 27, 1864

Michigan Supreme Court · decided 1864-10-27

Case made after judgment from' Cass Circuit. This was an action of assumpsit brought to recover damages for not. building a house an>d barn according to contract, and was tried by jury. On the trial, a witness for the plaintiff was asked, “What is the difference between the value of the house as it now is, and as it would iiave been had it boon built according to contract?” The question was objected to as incompetent.

Decided 1864-10-27

Martin Ch. J.:

¶1I see no error in the rulings of the Circuit Judge in this case; and as the case was tried by jury, it is to tlie rulings and decision of tlie Court alone that we shall direct our attention. The finding of fects belonged neither to the Circuit Judge nor to this Court.

¶2I can see but one exception taken below, to wbicli our attention can be directed, and that is, to the refusal of the Judge to direct the jury to find specially, upon certain questions, in case they found a general verdict. This is a novel request. A jury may find a general or a special verdict, according to the exigencies of the case; but ' a Judge cannot direct or compel them to do either, and more particularly, not to give reasons for a general finding. Harper’s answer renders the question put to him immaterial, and there .was no error, therefore, in the ruling of the Court allowing the question.

¶3The judgment is affirmed.

The other Justices concurred.
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