TWO ACTIONS HEARD TOGETHER

Dominion, Volume 29, Issue 302, 17 September 1936, Page 4

TWO ACTIONS HEARD TOGETHER

Jury and Non-Jury Cases REFERENCES IN COURT OF APPEAL A statement by counsel that two actions, one a non-jury case and the other a jury case, had been heard together in the Supreme Court, Palmerston North, was a point referred to several times in a case before the Court of Appeal, Wellington, yesterday. A case at Napier at which that procedure had been followed, and the peculiar results possible on such occasions, were also mentioned. In the case heard yesterday, Ronald Parkes, farm hand, of Palmerston North, petitioned for leave to appeal in forma pauperis against a judgment by Mr. Justice Blair in the Supreme Court, Palmerston North, in which his Honour non-suited petitioner in a claim for damages arising out of injuries received in a collision between two motor-cycles. Respondent was Harold Arthur Beagley, paper-runner, of Palmerston North. In entering judgment for a non-suit, his Honour held that there was no evidence of any of the acts of negligence alleged by Parkes. , , The Acting-Chief Justice (Sir John Reed) and Mr. Justice Ostler, Mr. Justice Kennedy and Mr. Justice Callan were on the bench. Mr. A. J. Mazengarb appeared for appellant Mr. Mazengarb eaid Parkes had brought an action before a judge and jury. Beagley had commenced an action in the Magistrate’s Court. Thia action was removed to the Supreme Court and set down for trial before a judge alone. Both cases were by agreement or by direction of the court heard together, the evidence for plaintiff in the one case being the evidence for defendant in the other. Common Agreement. “The judge said that we might come to a peculiar result," Mr. Mazengarb said, referring to the hearing of both actions together. The Acting-Chief Justice said that they were two tribunals, Mr. Mazengarb: It was by common agreement in court. Mr. Justice Callan asked whether it was that the two actions were heard together or that the evidence taken in the one would be the evidence in the second. Mr. Mazengarb: His Honour actually used,the words "Hearing the two actions together.” It was a more or less jocular remark that they might reach a peculiar result. Mr. Mazengarb explained further that both the jury case and the non-jury case were called at the same time. “It was the understanding in the minds of judge, counsel and the court that we were hearing the two actions together,” he said. The Acting-Chief Justice: I cannot see how you can say that. Mr. Mazengarb: Both cases were being heard together. The Acting-Chief Justice: You mean the evidence in both cases was being taken together.

Mr. Mazengarb: And the addresses and everything. It gave rise to difficulties. Mr. Justice Callan: Was the jury to hear the discussion on damages over which they had no jurisdiction? Mr. Mazengarb: Yes. Opening his case, Mr. Mazengarb said Parkes was a farm hand who had no estate whatever. He was indebted to the Palmerston North Hospital Board for £lOB for maintenance and surgical treatment. Mr. Mazengarb sought leave to appeal on the grounds that there was evidence to go to a jury, and that the nonsuit was premature in that as a matter of justice plaintiff was entitled to evidence for the defence. “We are satisfied that you cannot possibly succeed,” said the Acting-Chief Justice in giving the court’s decision to refuse the leave to appeal. The evidence did not reveal any negligence on the part of defendant, he said.