Myers

Tins is an action to recover the possession of personal property. Upon the trial of the case the jury found in favor of plaintiff, and assessed the value of the property at $199. Plaintiff is dissatisfied with the value of the property as assessed by the jury, and asks that so far the verdict may be opened or set aside, and the question relative to the value of the property be re-tried. In assessing the value of the property the jury wholly disregarded the evidence in the ease, and did manifest injustice to the plaintiff. The evidence showed that the property was worth from four or five to twelve or fourteen hundred dollars; the very lowest value fixed by the witnesses was four or five hundred dollars, yet the jury assessed it at $199, placing the value under two hundred dollars, for the purpose, I presume, of compelling the plaintiff to pay his own costs.

My experience upon the bench has tended, in a very great measure, to impair my respect for jury trials. la too many instances the evidence in the case, and the instructions given by the court, are entirely disregarded by the jurors ; when they are sworn, they promise to heed and obey them; but the promise is soon forgotten, and…