Sec. 52-225. Judgment on verdict; assessment of damages when judgment rendered other than on verdict.
Sec. 52-225. Judgment on verdict; assessment of damages when judgment rendered other than on verdict. The court shall render judgment on all verdicts of the
jury, according to their finding, with costs, unless the verdict is set aside; and in all cases
where judgment is rendered otherwise than on a verdict, in favor of the plaintiff, the
court shall assess the damages which he shall recover.
(1949 Rev., S. 7974.)
Assessment of damages in U.S. courts should follow the practice of the state courts. 43 C. 599. A default admits the
right of the plaintiff to nominal damages only. 44 C. 501; 45 C. 58; 53 C. 193; Id., 474. Long before 1818 damages were
assessed by the court upon a default or demurrer overruled. 53 C. 2. Applies to all cases where judgment is rendered
otherwise than on a verdict. 57 C. 585. Cited. 63 C. 266. Assessment on alternative finding is erroneous. 71 C. 452; 72 C.
624. Motion for judgment non obstante veredicto lies when; not for variance. 91 C. 249. Judgments non obstante veredicto
reviewed. 131 C. 622. Unless verdict is set aside, interest runs from date of verdict. 145 C. 74. Rule as to setting aside of
verdict as against the evidence, reviewed. 146 C. 658, 705; 147 C. 18, 109. If a jury's final decision is unintelligible and
inconsistent, a motion to set aside the verdict should be granted; motion to reassemble the jury and, or in the alternative,
to correct the verdict should be denied. Id., 72. While a memorandum of decision is not required on denial of a motion to
set aside the verdict, but only the granting of it, it is sound practice, where the motion is not frivolous, to set forth in a
memorandum the basic reasons why the motion is denied. Id., 566. Trial court correct in setting aside verdict and in granting
motion for judgment notwithstanding verdict as plaintiff did not establish a breach of duty by defendant. Id., 708. Time
within which motions in arrest of judgment must be filed. 148 C. 57. Setting aside verdict by trial judge for error in
instructions to jury (here, failure to explain meaning of "rebuttable presumption") should be exercised with great caution
and only where judge is satisfied error is unmistakeable and unquestionably harmful. 155 C. 220. Plaintiff filed motion to
set aside verdict of jury for defendant. Trial court, twenty-two months thereafter having neither decided motion nor entered
judgment, ordered to forthwith grant or deny motion. 159 C. 605. Cited. 225 C. 420. Cited. 231 C. 77.
Verdict of jury should not be set aside lightly. 21 CS 28. Court refused to set aside verdict where evidence on issue of
contributory negligence was close. Id., 282. Cited. 29 CA 484. Cited. 38 CA 685.
Cited. 3 Conn. Cir. Ct. 82. Where defendant did not move to set aside verdict, appeal court cannot decide whether jury
erred in concluding defendant was guilty. 5 Conn. Cir. Ct. 334.