3. Could the jury have properly reached a decision for plaintiff without resolving the issue that the
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3. Could the jury have properly reached a decision for plaintiff without resolving the issue that the judge said in his explanation he intended the interrogatory to present? If it could not, was it proper to withdraw the interrogatory altogether and say to the jury: “What I am going to do, in an effort to see whether you can agree, I am going to ask you to forget all of the questions I gave you and see whether you can’t agree on a general verdict. * * * I think that might relieve the situation some. I hope you can come to some agreement.” (Judge’s Instruction, quoted from the Petition for a Writ of Certiorari, p. 11.)
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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