Warren County NcArchives Court.....Williams, Paschall V. 1826
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Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 21, 2009, 5:30 pm

Source: Nc Reports
Written: 1826

Paschall v. Williams

From Warren

June Term 1826

The charge of a Judge should be judged of by its general scope and spirit; 
hypercritical niceties are to be disregarded. When, therefore, in an action 
for an assault, the jury was told to imagine themselves placed in a situation 
to that of the plaintiff, and to give to the plaintiff such sum as they would 
be willing to take as a compensation for the injury; the language is not to be 
understood literally. It is to be considered as admonitory to the jury to 
regard not merely the wrong sustained by the plaintiff, but the provocation he 
had given, the effect produced on him, the ability of defendant to make 
compensation, and to estimate the damages from a view of all the circumstances.

Trespass for an assault and battery, tried below, before Paxton, Judge. Upon 
the trial, the only question was as to the amount of damages, it being 
admitted that plaintiff was entitled to recover. Upon this question the 
counsel addressed the jury; and the judge, in his charge, informed the jury 
that the amount of damages was for their consideration entirely, and in making 
up their opinion on the subject, it would be right for them to take into view 
all the circumstances of the case, and allow the plaintiff such damages as 
would compensate him for the injury he had sustained.

The jury was told to imagine themselves placed in a similar situation with the 
plaintiff, what sum would they think sufficient to compensate them for such an 
injury; that in viewing the subject in this light, by giving to the plaintiff 
what they would be willing to take, the justice of the case might be reached.

The jury found a verdict for the plaintiff, damages $1,000 and costs, a new 
trial was moved for and refused, and defendant appealed.

Gaston, for appellant.
Badger, for appellee.

Taylor, C.J. - A very minute scrutiny of this charge might possibly detect 
something in it, which we do not feel to be quite right, while we should be 
utterly at a loss to prove it to be wrong, from the absence of any standard 
whereby to measure judicial advice, upon subjects not provided for by law.

Its literal meaning would perhaps convey an impression of what was 
impracticable in itself, what the Judge did not intend, and what the audience 
did not understand. Collectively, the jury could not place themselves in the 
plaintiff's situation, unless their temper, fortune, feelings, and standing in 
society, resemble his; and the attempt to do it, individually, would be an 
insuperable bar to a unanimous verdict. Such a rule of construction cannot be 
applied to these compositions with any useful or practical effect. They should 
be judged of according to their general scope and spirit, and if the whole 
mass is calculated to reflect a just light upon the path of the jury, the 
little shadow from the angles and corners may be well overlooked. Criticism 
should pronounce upon them in the liberal spirit of her philosophy, and not 
with the austerity of her logic. I think it probable, that the jury understood 
it as admonitory to them to regard not merely the wrong sustained by the 
plaintiff, but the provocation he had given, the effect produced on him, and 
the ability of the defendant to make compensation, and to estimate the damages 
from a view of all the circumstances. It should certainly be understood as the 
jury probably did understand it, under the recent impression of the evidence 
and arguments, and I cannot think its tendency was to lead them from the 
proper enquiry. In this belief, I think the verdict ought to remain.

And of this opinion were the other judges.

Judgment affirmed.


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