Diniero v. United States Lines Co.
United States Court of Appeals for the Second Circuit
288 F.2d 595 (2d. Cir. 1961)
After the jury in Diniero's (plaintiff's) injury suit against USLC (defendant) became confused by one interrogatory the judge couldn't clarify and told the judge it could not and would not be able to agree on that specific question, the judge withdrew all the interrogatories and instructed the jury to return only a general verdict, which came back in Diniero's favor; USLC appealed, arguing that once submitted, the interrogatories could not later be withdrawn.
Whether, once a general verdict with interrogatories is issued by a judge, and the jury has begun deliberating, it is permissible for the judge to withdraw the interrogatories and ask the jury simply for a general verdict.