¶1said it was evident that the jury had given their verdict under a mistake, having given the value of the negro as well as damages; and that as the defendant would have judg*40ment for a return of the property, and a remedy upon the replevin-bond if it should not be .returned, they would grant a new trial, unless the parties would agree upon a compromise. The defendant refused, and a new trial was granted upon payment of all the costs.
2 D.C. 39
Thompson v. Carbery
Decided December 15, 1811
This was a motion for a new trial in an action of replevin, for a female slave, in which there was a verdict for the defendant for 425 dollars damages. The jury have given the value of the slave in damages; and as there will be judgment for a return of the property the defendant will get twice the value of the slave. said he had contended for vindictive damages ; and the question is whether these damages are enormous.
Decided 1811-12-15