
    Ridgely and another against Spenser.
    Sunbury, Thursday, July 13.
    The verdict of a former jury iu the same cause which has been set aside by the court, is not evidence. '
    IN ERROR.
    WRIT of error to the Common Pleas of Huntingdon county.
    The. plaintiffs in error brought an action on the case against the defendant as a common carrier by water, for not delivering at Baltimore, certain forge hammers and castings which he had received at Hoshel’s landing upon the Juniata, and undertook to carry for hire. Upon the trial of the cause, the defendant’s counsel offered in evidence the record of a verdict which had been given upon a former trial of this cause, and was afterwards set aside. The evidence was objected to; but the court admitted it, and sealed a bill of exceptions.
    There were other points of law and evidence ruled by the court below, upon the trial and in their charge to the jury, which appeared upon the same bill of exceptions; particularly that the opinion of witnesses as to the custom of carriers upon the Juniata, and the general understanding and belief of the country as to the liability of carriers by water, might be given in evidence; and that it was a matter for the decision of the jury, whether the facts proved were sufficient to discharge the carrier; but this court gave no opinion upon these points.
    
      S. Riddle for the plaintiffs in error
    cited the case of Pitton v. Walters 
      
       to shew that a verdict is not evidence until fmal judgment is entered upon it; the reason of which is that the verdict may have been set aside. Peake Ev. 50. Here the verdict had been set aside, and the very fact had taken place, the possibility of which would of itself have overruled the evidence.
    
      Duncan for the defendant
    answered that it was competent to a party to read the entire record of a suit between himself and the opposite party, and of course to read the postea, which formed a part of it; and that if the verdict was not evidence of any fact having been legally decided, it was evidence of itself, namely, that there had been such a Verdict, which made it admissible for one purpose, and that was enough. But
    
      
       1 Stra. 162.
    
   Per Curiam.

The former verdict in this cause was not legal evidence. Let the judgment be reversed, and a venire ie novo be awarded.

Judgment reversed, and venire, de novo.  