EJECTED FROM HOTEL

Dominion, Volume 18, Issue 54, 28 November 1923, Page 13

EJECTED FROM HOTEL

JURY’S FINDING TO STAND. An echo of a “closing time” incident which occurred at the Cambridge Hotel last month engaged tho attention of Mr. Justice MacGregor in the Supreme Court yesterday- Patrick Corby, licensee, and William Burns, barman, against whom a jury had awarded damages amounting to £242 135.. in favour of Richard Crooks, of Kilb'irnie (who had. it was alleged, suffered as a result of a rather forcible ejectment), applied for a nonsuit, judgment for defendants, or alternatively a new trial.

In support of the motion, Mr. W. Perry contended that the verdict was against the weight of evidence and that the damages awarded were excessive. He maintained that plaintiff’s own evidence, as well as that of Shields a barman, proved! that the man was on the premises after the closing hour. The jury should have taken into consideration the fact that Burns asked the man to go out. His Honour said he did not think it necessary to call upon Mr. H. F. O’Leary to reply, as he was satisfied that the finding of the jury must bo sustained. Had the case come before His Honour himself he might have decided the issue differently, but the evidence had been heard by a jury, the recognised tribunal, and if the quesrccognised tribunal of witnesses was m dispute as to the hour of the occurrence they had a right to accent whoso version of the incident they chose. Tile motion would be dismissed.