§ 25-1120.Special verdict; controls general verdict.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1120
Source
R.S.1867, Code § 294, p. 443; R.S.1913, § 7859; C.S.1922, § 8803; C.S.1929, § 20-1120; R.S.1943, § 25-1120.
Plain-English Summary
Juries sometimes return both a general verdict — a simple win for one side — and specific factual findings on particular questions. Section 25-1120 tells a court what to do when those two things point in different directions: the special finding of facts controls over the general verdict, and the court may give judgment accordingly.
The reasoning follows from what a special finding is. A jury’s answers to specific factual questions reflect exactly what it decided about the evidence, while a general verdict is a broader, less detailed conclusion. When the two conflict, the detailed factual finding is treated as the more reliable statement of what the jury determined, so the court leans on it rather than the general verdict.
This section works hand in hand with section 25-1121, which lets a court direct a jury to answer particular questions of fact even while returning a general verdict, and section 25-1122, which defines the difference between a general and a special verdict. A conflict of the kind this section addresses can arise only when the jury has been asked to do both.
Frequently Asked Questions
What happens if the jury’s special findings contradict its general verdict?
Under section 25-1120, the special finding of facts controls, and the court may enter judgment based on that finding instead of the general verdict.
Why would a jury return both a general verdict and special findings?
Section 25-1121 allows a court to direct a jury to answer particular written questions of fact even when it renders a general verdict, which is how a conflict between the two can arise.
Does the court have to enter judgment based on the special finding, or is it discretionary?
The statute says the court may give judgment accordingly, tying that authority to the special finding controlling over an inconsistent general verdict.
Is a special verdict the same thing as a special finding of fact?
They are closely related concepts under section 25-1122’s definitions, both distinct from a general verdict, and this section applies whenever a special factual finding conflicts with the general verdict returned in the same case.
Can a party ask the court to apply this rule after a verdict comes in?
A party who spots an inconsistency between a jury’s special finding and its general verdict can raise the conflict with the court, which then has authority under this section to give judgment on the special finding.