TOO GENEROUS JURY.

Auckland Star, Volume LI, Issue 73, 27 March 1920, Page 13

TOO GENEROUS JURY.

JLTDGMEXT SET ASIDE. A reserve judgment of Mr. Justice Chapman was given yesterday at the Auckland Supreme Court. -The. case was that Of Herbert Rogers against the Union Bos and Packing Case Co., Ltd. a claim for damages for the removal of timber from the plaintiff's land. According to the evidence given at the original trial the plaintiff was away in the Islands when the timber was" cut, the company having, as it thought, purchased the rights from a Maori who, however, had no title whatever to the land. The jury awarded the plaintiff £650. The company, then applied for a new trial on the ground that the damage* were excessive. The judge considered that, taking aQ the facts into consideration, the pecuniary log* to the plaintiff did not exceed £120. Tf the Jury had given twice that amount the ▼erdict might have been mcriotuilv criticised, but they awarded more than five timet. His Honor set the judgment aside and ordered a new trial Measrr. MacKarmid and JVlears, of Hamilton, were solicitors for the plaintiff, and M*Mn. Sad, Kent, and Massey tar the company.