NOT A CHARITY
JURIES AND JUSTICE
(By Telegraph.—Press Association.)
AUCKLAND, This Day.
"A Court of justice is not a charitable, institution," said Mr. Justice Herdman, in tho Supreme Court yesterday when instructing the jury in :a claim for damages. "When a plaintiff comes into Court seeking to obtain damages he is bound to show that the defendant is 'in Court/ and has been guilty of some neglect." -
Tho present case, his Honour said, was an important one, and a peculiar one. Although tho plaintiff had the whole initial responsibility ofj proving negligence ho had called but two witnesses, one an expert who ' gave evidence about ears, and the other an-eye-witness who declared that in his opinion the driver of the motor-lorry was guilty of no neglect qt all.
"Of course, everyone sympathised with the widowed woman■ and with tho children," continued his Honour, "but if juries arc to give verdicts based upon sympathy alone without having regard to tho evidence, then a scandal" is perpetuated and the administration of justice is to some extent tarnished." The jury brought in a verdict for the defendant .
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https://paperspast.natlib.govt.nz/newspapers/EP19300812.2.114
Bibliographic details
Evening Post, Volume CX, Issue 37, 12 August 1930, Page 11
Word Count
184
NOT A CHARITY
Evening Post, Volume CX, Issue 37, 12 August 1930, Page 11
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