California, United States of America
The following excerpt is from Telles v. Title Ins. & Trust Co., 3 Cal.App.3d 179, 83 Cal.Rptr. 444 (Cal. App. 1969):
[3 Cal.App.3d 185] In Oldham v. Aetna Insurance Co., 17 Cal.App.2d 144, 61 P.2d 503, a verdict against two defendants for compensatory damages in a different amount as to each defendant was returned in an action for false arrest. The judgment entered against the defendants separately for the separate amounts mentioned in the verdict was reversed.
In McCool v. Mahoney, 54 Cal. 491, a malicious prosecution action, in which the verdict awarded a different amount against each of two defendants, a reversal resulted.
It is the function of the trial judge to interpret the verdict from its language considered in connection with the pleadings, evidence and instructions, and if the trial court has refused to do so or has interpreted it erroneously, the appellate court will interpret the verdict if it is possible to give a correct interpretation. (Mixon v. Riverview Hospital, supra, 254 Cal.App.2d 364, 375, 62 Cal.Rptr. 379; Oakes v. McCarthy Co., supra, 267 Cal.App.2d 231, 257, 73 Cal.Rptr. 127.)
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