Southern Pacific Railroad v. Superior Court of San Francisco

Motion to compel the respondent to settle a bill of exceptions.

After a verdict had been rendered against the petitioner it gave notice of its intention to move for a new trial, and caused to be settled and filed with the clerk a bill of exceptions which it had prepared, and also filed an affidavit made in its behalf, stating “ that after the court had instructed the jury, and the jury had retired to deliberate upon their verdict, the said jury returned into court, when the following occurred: The foreman of the jury, addressing the court, said: ‘The jury would like to be instructed, if they find for the plaintiff, they can find without interest or not.’ Mr. Bates, counsel for plaintiff, being present, then stated to the court, in the hearing of the jury: ‘ The plaintiff will be satisfied without interest.’ The court then addressing the jury said: ‘The law entitles the plaintiff to interest at seven per cent per annum upon any amount that you may award him, if you award him any thing since 1879, but he says he is willing to give up interest. Therefore, if you award him a verdict, you need not award interest upon it.’ Thereupon the jury again retired, and, after deliberation,…