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.)

Notation

Assessment of damages in U.S. courts should follow practice of the state courts. 43 C. 599. Default admits the right of 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. When motion for judgment non obstante veredicto lies; 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 unmistakable and unquestionably harmful. 155 C. 220. Plaintiff filed motion to set aside verdict of jury for defendant; trial court, 22 months thereafter having neither decided motion nor entered judgment, ordered to forthwith grant or deny motion. 159 C. 605. Cited. 225 C. 420; 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; 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.