CENSURED BY JUDGE.

Gisborne Times, Volume LXVI, Issue 10459, 14 December 1927, Page 5

CENSURED BY JUDGE.

IMPROPER REFERENCE IN COURT ALLUSION TO INSURANCE INDEMNITY JURY’S VERDICT OF DAMAGES SET ASIDE new trial ordered AUCKLAND, Dec 13 A. new trial, on the ground that the verdict was against the weight of evidence, has been ordered bj Mi Justice Herdman, m the case m which the jury awarded damages to R. J. Wilson, a carpenter, against George Kent and Sons, Ltd., bakers, arising out of a collision between defendant’s van and plaintiffs motoi judgment refers to the allusions in Court to defendant s indemnification by insurance. The result ol the trial was impugned upon t-ne around that during the proceedings direct or ’indirect*, references; were made to the fact that defendants were indemnified by the insurance company. His Honor stated that ha. it not 'been inevitable that this should he referred to i n the case in question through an insurance company representative _ giving evi-r dence, he would have withdrawn the case from the jury. “By openly . importing Mr Laird (a witness) into the case, the insurance company, however, -elected to .associate ltselt -with its fate”, remarked the-judge, adding .that . in these ..special .circumstances he could, not withdraw the action at the trial. * “The practice in actions of this kind of eliciting the fact that, a defendant- is indemnified t*y an insiu - ance company has been, censured in the strongest terms”, he said. A Scottish authority stated that allusion in a. jury trial to the fact of inderrmity by insurance ./was improper, and in cases -where the court was' satisfied the topic was introduced for the purpose of creating prejudice, the verdict might he set aside. ;