I don’t know what my favorite part of this jury instruction is (circa 1869). Scratch that…I do know. “Breachiness”! It kind of has a ring to it, like truthiness. New goal in life: Use breachiness in a pleading. The post from Say What?! below.
September 2000 – The Model Jury Charge: “Senior District Judge Derwood Johnson of Waco, sent me this marvelous (!!) jury charge as reported in ‘the Jan. 2, 1869 issue of the Cleburne (Texas) Chronicle.’
If the jury believe from the evidence that the plaintiff and defendant were partners in the grocery, and that the plaintiff bought out the defendant and gave him his note for the interest, and defendant paid for the note by delivering to the plaintiff a cow, which he warranted not breachy, and the warranty was broken by reason of the breachiness of the cow, and he drove the cow back and tendered her to the defendant, but he refused to receive her, and plaintiff took her home again and put a heavy yoke on her to prevent her from jumping fences, and by reason of the yoke she broke her neck and died; and if the jury further believe that the defendant’s interest in the grocery was worth anything and the plaintiff’s note worthless and the cow good for nothing either for beef or milk, then the jury must find out themselves how they will decide the case; for the court if she understands herself – and she thanks she does – don’t know how such a case should be decided.
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(Via Say What?! A weblog of classic legal humor from U.S. District Judge Jerry Buchmeyer.)
