NEW TRIAL REFUSED

Evening Star, Issue 23124, 25 November 1938, Page 6

NEW TRIAL REFUSED

DAMAGES AGAINST SHIPPING COMPANY COMMENTS ON RESPONSIBILITIES OF JURIES “ There are so many things that a jury has to observe. It must not only count the witnesses. It can see the witnesses and tell from their attitude and demeanour what manner of people they are. It may then conclude, as a judge may conclude, to what extent a witness is to be relied on in preference to other witnesses.” These comments were made by Mr Justice Kennedy in the Supreme Court yesterday afternoon when His Honour refused an application for a new trial in the case in. which James Peter Bruce, a boilermaker, was awarded substantial damages against the Union Steam Ship Company as the result of an accident in the hold of tbo steamer Canopus at Pbrt Chalmers. Mr P. S. Anderson appeared for Bruce, and the company was represented by IVIr A. N. Haggitt. The motion for a new trial was brought on the grounds that the verdict of the jury was against the weight of evidence, hut His Honour ruled that this contention was not justified. At the original hearing some weeks ago the jury awarded the plaintiff £6OO general damages and £3l 15s special damages, upholding his contention that the accident in which he was injured while working on board the steamer Canopus at Port Chalmers last January was due to.some fault or omission on the part of the defendant company. After counsel bad addressed the court His Honour said that the defendant had failed to establish to the satisfaction of the court that the verdiet was against the weight of evidence, and that there should be a new trial. The motion would be dismissed.