A Treatise On the Law of New Trials in Cases Civil And Criminal

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General remarks.
The object of an action being the recovery of a sum of money for a demand unjustly withheld, or a breach of contract or wrong committed, it is the special province of the jury to ascertain the justice of the demand, the terms of the contract, or the extent of the injury, and, by their verdict, to liquidate the amount. In actions on, or arising out of contracts, they are furnished by the evidence with a rule to measure the just amount; but in actions sounding in damages, or tort
...s to the person, they are to be guided by their sense of justice. It is here, however, they are most liable to err. Their feelings and passions are appealed to and excited, and necessarily more or less mix up with the facts ; and hence their finding frequently betrays undue motives, and mani- fests an excess of feeling on one side or the other ; sometimes in a culpable excess of damages, and at others in an unjust dimi- nution. At one time, it was doubted whether, in cases of mere personal tort, the court ha(^ the power to interfere, on the ground of excessive damages, or the contrary.(l) But the practice has been long settled, conceding to the court the right to control ver- dicts in relation to damages, as well as to every other incident, in all cases without exception ;(2) with this difference, [*410] *however, that on questions of contract, or when an (1) y«eSayre'a Law of Damages, 210-238; 3 Anst.

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