Earl v. Times-Mirror Co

In Earl v. Times-Mirror Co. (1921) 185 Cal. 165, a verdict for damages was held to be defective because although nine jurors voted for $ 25,000 compensatory damages and ten jurors for $ 5,000 punitive damages, only seven voted for both. The court, Justice Wilbur writing the opinion, reasoned that "the three other jurors who were willing to agree to five thousand dollars as punitive damages, so far as the record discloses, did not concur in the amount of twenty-five thousand dollars compensatory damages and may have been unwilling to have returned a verdict for more than five thousand dollars all told." ( Id., at pp. 185-186.) The punitive damage award was set aside. Chief Justice Angellotti wrote a concurring opinion; Justice Olney dissented.