Cooper v. Christensen

O’Hara, J.

(dissenting). I am unable to agree with my colleagues.

I have never understood the law of this jurisdiction to be that a jury was obligated to accept in full uncontroverted testimony. In my view the jury is free to evaluate any testimony adduced on trial.

Stipulated or confessed damages are one thing. Testimony in support of a claim of damage, uncontroverted or no, does not bind a jury. Nor is there *185anything sacred about so-called “special damages”. They are subject to proof and jury evaluation if they are in issue.

I would affirm the jury verdict.