
    Case No. 18,946.
    THOMPSON v. CARBERY.
    [2 Cranch, C. C. 39.] 
    
    Circuit Court, District of Columbia.
    Dec. Term, 1811.
    New Trial — Replevin—Verdict pop. Value and Damages.
    In replevin, if the title to the goods be in issue, the court will grant a new trial, if the jury give the defendant a verdict for the value of the goods, as well as damages for taking them.
    [See Case No. 13.945.]
    This was a motion for a new trial in an action of replevin, for .a female slave, in which there was a verdict for the defendant for 425 dollars damages.
    P. S. Key, for plaintiff.
    The jury have given the value of the slave in damages; and as there will be judgment for a return of the property the defendant will get twice the value of the slave.
    Mr. Jones, contriL,
    said he had contended for vindictive damages; and the question is whether these damages are enormous.
   . THE COURT

said it was evident that the jury had given their verdict under a mistake. having given the value of the negro as well as damages; and that as the defendant would have judgment for a return of the property, and a remedy upon the replevin-bond if it should not be returned, they would grant a new trial, unless the parties would agree upon a compromise. The defendant refused, and a new trial was granted upon payment of all the costs.

FITZHUGH, Circuit Judge, absent.  