DECISION RESERVED

Evening Post, Volume CXXVIII, Issue 30, 4 August 1939, Page 6

DECISION RESERVED

CASE AGAINST NEWSPAPER

MOTION FOR JUDGMENT

(By Telegrapn.) (Special to the "Everuns Post.")

DUNEDIN, This Day,

Before Mr. Justice Smith in the Supreme Court yesterday an application was heard for a motion for judgment for the : defendant in the case in which George Barclay claimed damages of £501 from the "Evening Star" Company, the grounds on which the defendant based its application being that the jury's verdict was not supported by any evidence. The jury found that the facts contained in "The Star's" references to the riding of Barclay at the South . Canterbury races' were true, but that the words used by the newspaper's racing writer were defamatory and that his comment exceeded the limits of fair criticism. In this respect the jury took exception to the words "better handled," and awarded Barclay £50 damages. . After hearing legal argument,, the Judge said: "I am disposed to accede to the motion forthwith, but in view of the authorities quoted I feel I should look into them and keep my mind open until I see them." His Honour said that, he would reserve his decision and give a written judgment. ■ '