Clough et al. v. McKay

[No. 4424.] Clough et al. v. McKay. Juries — Majority Verdict — Constitutional Law. The act of the legislature (Session Laws 1899, page 244) authorizing a verdict in civil cases hy three-fourths of the jurors is unconstitutional and void. Appeal from the District Court of El Paso County. Appellee brought'an action to recover damages caused by the alleged negligence of the appellants. Prom a judgment rendered on the verdict in favor of plaintiff, the defendants appeal. Inter alia, the court instructed the jury that three-fourths of their number might concur in, and return, a verdict. The verdict rendered was only concurred in by three-fourths of the members- of the jury. To the above instruction, as well as the verdict, the defendants reserved exceptions. Mr. W. S. Morris, for appellants. Messrs. Patterson, Richardson & Hawkins, for appellee. [MAJORITY — Per Curiam.] Per Curiam. In City of Denver v. Hyatt, 28 Colo. 129, the act of the general assembly — Session Laws 1899, page 2-14 — authorizing a verdict in civil cases to be returned by three-fourths of the number of jurors sitting, was held invalid. On the authority of that ease, the judgment of the district court must be reversed, and it is so ordered. Judgment reversed.