Friedly v. Giddings

• Decision Date: 09 December 1902
• Court: U.S. District Court — District of Vermont
• Parties: FRIEDLY et al. v. GIDDINGS et al.

119 F. 438

FRIEDLY et al. v. GIDDINGS et al.

United States Circuit Court, D. Vermont.

December 9, 1902

Fred M Butler and Thomas W. Moloney, for plaintiffs.

Orion M. Barber and James L. Martin, for defendants.

WHEELER District Judge.

The plaintiffs own a marble mill operated by steam, and a quarry connected with it; the realty being worth upwards of $100,000, and the personalty upwards of $40,000, clear of incumbrance. The defendant Giddings, as constable, had a writ of attachment of $12,000 against one of them. He took possession of the mill, nailed up the doors, and left the plaintiffs' superintendent in charge as keeper. The superintendent sent a resignation as keeper to Giddings, and started up the mill. Giddings got the defendant Wilson, who was sheriff of the county, to assist him, and requested the superintendent to shut off steam and stop the machinery, so he could take off the main driving belt connecting the engine with the main shafting, which was refused; and the defendants broke open the engineroom door, shut off the steam, and stopped the machinery, and took off the main belt, and carried it away, which stopped the mill until the belt was replevied and brought back; and then the foundation of the engine was found to be disturbed, and had to be repaired which further delayed the running of the mill. According to the plaintiffs' evidence, the steam was shut off too suddenly while the machinery was in full motion, and the continuing of the motion by momentum without the steam shook the engine and injured the foundation; but, according to the evidence of the defendants, the shutting off of the steam however sudden, would not have that effect. There was no evidence or claim that the plaintiffs might have procured another main belt, and started up sooner, to save loss. The court held and instructed the jury that the main belt was a part of the realty, not attachable and removable as personalty, and that the defendants were liable for the damage; that, from what the court and jury knew, such belts could not be got at stores here and put on, and that the defendants would be liable for what damages was caused by them in taking and keeping it away till it was replevied and brought back by the plaintiffs; that, if shutting off the steam by the defendants injured the foundation of the engine so the mill had to be stopped to repair it, the defendants would be liable for the damage caused by that; and that, if the defendants were actuated by malice for oppression, the jury might give exemplary damages. As the jury was about to retire, the foreman asked if they should state how much was for actual and how much for exemplary damages, and they were directed that they might state the amount of each, if any, on the verdict. They returned a general verdict for $996 damages, but did not state what part, if any, was for exemplary damages. The defendants have moved to set aside the verdict for want of a statement as to what were found as actual damages and what as exemplary, because the damages are excessive, because of the ruling involved, and for judgment notwithstanding the verdict.

It was the duty of the court to require a verdict that would cover all the issues in the case. This was done by the general verdict. Whether the court should require more in order to simplify or eliminate questions saved as to some part of the case was discretionary. Hodge v. Town of Bennington, 43 Vt. 450. The special finding might have obviated questions as to exemplary damages saved by the defendants, but could not raise any not saved in respect to the general verdict. The exercise of the discretion in not...