ACCIDENT CLAIM

Evening Post, Volume CX, Issue 40, 15 August 1930, Page 4

ACCIDENT CLAIM

JURY NOT UNANIMOUS

MOTION FOR A NEW TRI-4L

After having deliberated for thre* hours, the jury failed to come to an unanimous agreement in the Supreme Court action heard yesterday in whick Ivon Johnstone Hill, labourer, of Upper Hutt, claimed £310 4s damages from the punningham Carrying Co., Ltd., for injuries received in an accident on th« Si'lverstream Hill early this year. ; The jury retired at 3.15 pan., and at they had not returned three hours later his Honour Mr. Justice Blair sent for them. He pointed out that jinder section 152 of the Juries Act, it" there was no probability of a unanimous agreement after three hours the jury could return'a three-fourths majority verdict which should be accepted as binding. The foreman said that there was "a three-fourths majority in favour at th« plaintiff being awarded JB 1,85 16s special damages and £25 general damages, making a total of £210165. Mr. P. J. (VEegan, counsel for Hill, moved for judgment to be entered for. the plaintiff, whereupon Mr, E. Parry, on behalf of the defendant, moved for a new trial and referred to his motion for a non-suit made at the conelusioa of the plaintiff's ease, and of which hii Honour had reserved consideration.'

The case was adjourned until this_ afternoon for legal argument on the poiatt raised by Mr. Parry. ■ ~ ; .