LIBEL ACTION FAILS

Press, Volume LXXV, Issue 22802, 30 August 1939, Page 3

LIBEL ACTION FAILS

CASE AGAINST DUNEDIN NEWSPAPER COMMENT ON JOCKEY’S RIDING (FRZS3 ASSOCIATION TELEGRAM.) DUNEDIN, August 29. Mr Justice Smith gave judgment this morning in the case in which the Evening Star Company, Ltd., moved for judgment in its favour concerning the action brought by George Barclay for damages for libel, in which the jury awarded plaintiff £SO damages. The plaintiff, a jockey, alleged -• that certain criticisms regarding his riding in the Timaru Cup and Teschemaker Handicap at the South Canterbury Jockey Club’s meeting in April last, which criticisms appeared in the “Evening Star” of May 1, had reflected upon the 'efficiency of his riding, and prejudiced him in his occupation. In his judgment,, His Honour! said: “In summing up, I told the jury that if they found the facts to-be true, the only comment which I thought might be regarded as unfair by the jury lay in the words: ‘After the first day's display it was surprising that a stable apprentice- was not put up.’ I called their attention t» the evidence that a jockey was regarded as a more expert person than a stable apprentice, and that they might possibly, in the circumstances, think the expression of such a contrast bjy way of comment was excessive* ‘ r pointed out, however, that the sentence concluded with the reason.. which was shown to be a fact—that if a stable apprentice had been put up on the second day. Fox-

love would have carried a lighter weight, and they had to take that into account in considering the nature of the comment. .

“That the jury did not think this comment unfair.” said his Honour, “was plain' from the fact that they picked out the words ‘and better handled,’ and informed the Court that these were the words to which they objected, and which might have appeared to the jury to indicate that the plaintiff did not do his oest, whereas he had; taut his best was not as good

as that of a jockey who would no* have made the .mistake complained .ot Granted the facts-'which implied that state of affairs, it is'impossible to say that reasonable men could regard the comment as excessive. : Eyen .-if the, 'words: ‘He could not have missed winning one of these two >9 be treated as part of the comment, to which the jury objected I do not think the comment could be • regarded *as tm". Judgment was entered for defendant with costs on a claim for *.avl»