The court shall decide all issues of law and all questions of law arising in the trial of any issue of fact; and, in committing the action to the jury, shall direct them to find accordingly. The court shall submit all questions of fact to the jury, with such observations on the evidence, for their information, as it thinks proper, without any direction as to how they shall find the facts. After the action has been committed to the jury, no pleas, arguments or evidence may be received before the verdict is returned into court and recorded.
(1949 Rev., S. 7969; P.A. 82-160, S. 105.)
History: P.A. 82-160 replaced “cause” with “action” and rephrased the section.
See Sec. 52-224 re special verdicts to determine questions of law by court.
Jury cannot pass on sufficiency of declaration. 32 C. 167. Construction of writings is for the court, unless it depends on proof of extrinsic circumstances, usages, etc. 12 C. 554; 38 C. 167. Court must decide on matters of fact bearing only on admissibility of evidence. 11 C. 463. And on challenge to jurors. 18 C. 171; 38 C. 137. Court may express opinion on weight of evidence. 21 C. 167; 37 C. 400. But court should not withdraw from jury any questions of fact, because it thinks the proof insufficient. 34 C. 538. It should instruct the jury, specifically, what law is applicable to the particular facts of the case; 32 C. 82; and may direct what verdict should be given, if the facts claimed and admitted would justify such verdict only. 5 C. 416; 8 C. 347; 65 C. 291. Verdict set aside, because document not in evidence was given to the jury by mistake; 18 C. 549; 109 C. 726; and because a juror gave evidence to his fellows out of court. 1 R. 523. Parties need not be formally called before taking the verdict. 41 C. 26. A claim devoid of evidence ought not to be submitted to the jury. 44 C. 88. Verdict not complete until read to jury and assented to by them. 46 C. 233. Court to determine all matters of law, even such as involve the decision of facts. Id., 383. Parties are entitled to a verdict on each of several separate counts. 53 C. 240. What comments of the court are to be commended. 59 C. 400, 401. Statute is identical in some of its features with Sec. 54-89. 64 C. 338; 103 C. 478. Court should direct a verdict where that depends upon a question of law. 65 C. 291. Court may express its opinion on the weight of evidence, leaving the decision of questions of fact to the jury. 69 C. 92. Is in accord with the constitutional right of trial by jury. Id., 145. Weight of testimony and the good or bad faith of parties are matters for the jury. 70 C. 509. Judge is not required to review all the evidence; how far he shall comment upon it is within his judicial discretion. Id., 719. Of jury trial in general. 75 C. 234. Functions of jury; 74 C. 71; in libel action. 67 C. 512; 69 C. 132; 75 C. 232. Must take law from judge; 69 C. 128; 73 C. 18; 75 C. 218; 78 C. 28; 80 C. 531; 85 C. 438; to leave it to them to decide is error. 86 C. 641. Weight and credibility of evidence is for jury; 73 C. 623; 81 C. 22; Id., 623; 82 C. 600; 86 C. 98; Id., 289; 87 C. 363; Id., 585; 90 C. 701; 94 C. 350; 97 C. 187; where evidence conflicts and fairminded men might differ; 94 C. 257; Id., 613; though witness is undisputed; 84 C. 267; 88 C. 619; or defendant offers no evidence; 92 C. 427; or one witness stands against many; 87 C. 363; so, inferences to be drawn from evidence; 86 C. 82; Id., 289; Id., 677; so meaning of words; 66 C. 525; so contract partly oral, partly written; 83 C. 16; weight of each part of evidence and its bearing upon the rest. 97 C. 187. Procuring cause of sale; 94 C. 475; agency and authority; 96 C. 21; 97 C. 149; whether written instrument meant to include whole agreement of parties. 97 C. 381. Jury must consider evidence as a whole. 75 C. 326. Judge as part of jury system. 74 C. 68; 75 C. 678; 76 C. 495; 81 C. 347; Id., 624. He may direct verdict in proper case; 77 C. 137; 79 C. 406; Id., 569; 80 C. 300; 81 C. 347; Id., 578; 86 C. 439; 89 C. 117; 91 C. 432; where only one conclusion is reasonably possible; 81 C. 343; 82 C. 394; 86 C. 131; 88 C. 16; 90 C. 30; Id., 139; 91 C. 433; 92 C. 560; 95 C. 441; 109 C. 159; where facts are undisputed and effect is question of law; 96 C. 319; where injury is clearly due to plaintiff's own negligence; 95 C. 48; constitutional limitation on powers; 91 C. 460; in libel action; 91 C. 442; and where a verdict is directed, the judgment will not readily be reversed. 78 C. 99; 82 C. 396. Refusal to direct verdict not ground of error. 93 C. 454. Court may comment on evidence; 73 C. 33; Id., 118; Id., 377; 79 C. 116; Id., 380; 87 C. 691; 88 C. 93; 90 C. 275; 92 C. 236; Id., 579; 93 C. 691; or its absence; 91 C. 316; in a criminal case; 64 C. 330; 67 C. 581; 72 C. 40; 78 C. 28; 81 C. 98; 83 C. 160; Id., 601; 87 C. 5; Id., 285; 98 C. 467; 109 C. 91. This is ordinarily a matter of discretion; 79 C. 663; 80 C. 88; Id., 538; 82 C. 518; 83 C. 597; 85 C. 459; 88 C. 93; 91 C. 388; but it may be its duty to do so; 71 C. 1; Id., 392; 72 C. 43; 75 C. 55; 79 C. 117; 82 C. 518; it may, but need not, call attention to particular evidence; 73 C. 462; 76 C. 135; 77 C. 295; 81 C. 556; 83 C. 261; 85 C. 180; 86 C. 15; Id., 252; 87 C. 363; as testimony of an accomplice; 72 C. 321; 76 C. 342; 84 C. 152; evidence as to character; 83 C. 598; circumstantial evidence; 77 C. 267; refusal of witness to answer question; 91 C. 316; credibility of witness; 95 C. 529; it may point out an undisputed fact; 86 C. 335; or one admitted; 89 C. 237; or one jury could not help but find; 81 C. 347; or one that is irrelevant; 78 C. 18; but it must leave decision to jury. 69 C. 91; 86 C. 335. It may express its own opinion. 92 C. 237. That comment affects credibility of party's claim nil sig. 93 C. 598. Section applies to comments made by the judge in ruling on evidence. 90 C. 95. Effect of series of writings as determining contract rights is for court to decide. 94 C. 445. Judge may ask questions of witness. 98 C. 468. Section does not apply to criminal cases. 103 C. 477, 479. Motion to reopen to offer evidence after case was committed to jury could not be granted; statute is definite and contains no exceptions. 135 C. 599. Cited. 137 C. 123. Whether there is any evidence is a question for the judge; whether sufficient evidence is for the jury. 143 C. 547. Comment to jury by court must be fair and reasonable. 144 C. 706. Verdict of jury must contain an intelligible finding so that its meaning can be clearly ascertained. 147 C. 72. Finding in a jury case is a statement of facts which, on the evidence, jury might have found proven and which parties claim were proven. Id., 90. Handling of expert testimony by jury discussed. Id., 171, 215. Purpose of rule that exceptions to a charge should be taken immediately after the charge is delivered. Id., 191. Construction of language of a will, even in a jury case, is for the court. Id., 248. In the absence of any request from defendant to withhold from jury exhibits concerned only with counts as to which a verdict in his favor had been directed, court itself not required to withhold such exhibits. Id., 589. It is error to submit to jury wholly inapplicable statutes. Id., 638. An inadvertent omission or inaccurate statement in a charge will not constitute reversible error unless it is reasonably probable that jury was misled by it. Id., 644. For case to go to jury, evidence fairly considered must be able to support a reasonable belief that it is more probable than otherwise that the fact in issue is true. Id., 699. Directed verdicts are not favored. Id., 704. When a court may direct a verdict. 148 C. 167; Id., 449. Finding in a jury trial is merely a narrative of facts claimed to have been proved by each side, made for the purpose of fairly presenting any claimed errors in charge or rulings of the court. Id., 208. What constitutes a request to charge which properly sets forth the “legal principle involved.” Id., 266. A fact not contradicted does not necessarily become an undisputed fact which is required to be added to the finding. Id., 349. Purpose of a charge is to call attention of jury, unfamiliar with legal distinctions, to whatever is necessary and proper to guide them to a right decision in a particular case; doctrine of estoppel was in issue but in charge jury was not given a definition of this term, held reversible error. Id., 391. Although trial court is given much latitude in discussing the evidence in a charge, an incorrect statement of a material and important fact which is apt to mislead the jury constitutes error. Id., 459. Plaintiff filed no requests to charge; it does not appear that any exception was made to the charge as given; had he any doubt about the jury's understanding, a proper request to charge would have alerted the court to the need for instruction and would have assured an adequate record for review. 149 C. 743. Charge to jury on Uniform Narcotic Drug Act; jury should have been instructed to indicate in their verdict whether the possession was for self-administration or possession for sale; jury could have found defendant not guilty of possession for sale because of entrapment, but guilty of possession for self-administration. 150 C. 1. Since there was no evidence that any of the vehicles involved in the collision had inadequate or defective brakes, the charge should not have submitted the issue to the jury; since other omitted matter was essential to a proper and complete consideration and decision of the case, the failure to charge on it, after a request to do so, constituted error. Id., 158. Where more than one conclusion is reasonably possible, judge cannot direct a verdict. Id., 623. Judge's failure to repeat all of his charge on claims of negligence may have misled jury into overlooking plaintiff's claim of supervening negligence of defendant as proximate cause of his injuries; this omission in supplemental charge was error and judgment for defendant was reversed. 157 C. 194. Failure of court to charge jury by relating law to pleadings and evidence in case was reversible error. 158 C. 75. Cited. 196 C. 53.
Cited. 7 CA 245.
When verdict will be set aside for error in the charge. 21 CS 1. The ad damnum clause of a complaint has no probative value and should not be submitted to the jury. Id., 150.