4 Serg. & Rawle 279
Decided June 13, 1818
Supreme Court of Pennsylvania · decided 1818-06-13
In Error. THE plaintiff in error brought an action against the defendant in the Common Pleas of Union county, on an award in writing, and the Court left it to the jury to determine what was the meaning of the arbitrators, which Marr tended was error.
Cited by 1 later decisions — most recently October 1836
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1818-06-13
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¶1The Judge, after expressing his own opinion on the construction of the award, left it to .the jury to determine what was the' intention of the referees. T his was error. The jury should have been told what was the legal import of the award, and upon that point nothing should have been left to them, because it was a pure unmixed matter of law. The judgment, therefore, must be reversed, and a venire facias de novo awarded.
¶2Judgment reversed, and a venire facias de novo awarded.