JURY AWARDS £202

Evening Post, Volume CXXVI, Issue 116, 12 November 1938, Page 11

JURY AWARDS £202

• ON CLAM FOX £4357

JERVOIS QUAY ACCIDENT

"There has been in this case a general atmosphere of unreality," said Mr. Justice Northcroft, in the Supreme Court yesterday afternoon, when summing up to a jury of twelve which had heard a claim for £4357 special and general damages brought by George Selby, baker and grocer, against Richard James Thomas Cowley, a painter, for injuries suffered when he was knocked off a horse-drawn cart by a motor-car in Jervois Quay on June 7, 1937. The only function of the jury was to assess damages, liability having been admitted. His Honour said the plaintiff had suffered trifling injuries—a small patch of skin off his foot, a trifling injury to his back, and he might or might not have had some injury to the head. "And, gentlemen, out of that has grown a claim for loss o business at £365, loss of income at £475, and general damages at £3500, for a man who has skin taken" off his foot, a bruise on the back, and possibly a bump on the back of the head," continued his Honour. "That in itself is the most] outstanding element of unreality in the i case, but there are a good many others." The plaintiff, apparently a wealthy j man with a sou at college, was so im- j poverished t!ie moment the accident occurred that he had to borrow from a strange and trusting friend. THE JURY SYSTEM. "It is for you to say how far that extraordinary story is to be believed," said his Honour. "There has been a certain amount of criticism of the jury system, particularly in relation to civil cases. Ido not think anyone would suggest that the jury system in relation to criminal cases should be altered, but it has been suggested that the jury system in relation to civil cases is not always satisfactory, because there is a danger that juries perform their functions influenced partly by sympathy, partly by prejudice, and not always by the evidence. I mention that, gentlemen, because the preservation of the jury system may be of importance to the community, and it can only continue if you make it operate properly and fairly, without scandal." The jury was in retirement for fiftyfive minutes, and returned with a ver- | diet of £100 general damages and £102 Is special damages. Mr S. W. Fitzherbert, with him Mr. j A W. Free, appeared for the plaintiff, and Mr. W. E. Leicester for the defendant. . , ~ Further argument on a sum pa:a into Court will be heard on Monday.