JURY’S VERDICT REINSTATED

Hawke's Bay Tribune, Volume XXIII, Issue 104, 13 April 1933, Page 6

JURY’S VERDICT REINSTATED

COURT OF APPEAL JUDGMENT. WELLINGTON, April 12. The Court of Appeal this morning, by its reserved judgment, allowed the appeal of Mrs Irene Addis Smith, of Wellington, from the judgment of Mr Justice MacGregor setting aside tho verdict for £625 given by the jury in her favour in the action brought by her against Mrs Caroline Priscilla Purdie, of Wellington, and her husband, Lawrence James Purdie, claiming damage for negligent driving causing her to be run over. The judgment of the Court of Appeal has the effect of reinstating the verdict of the jury. The Chief Justice, in his judgment, said that whilst he agreed with the view that the trial judge took of the jury’s verdict, he could not hold that it was so unreasonable that it should be set aside. Mr Justice Ostler said he came to the conclusion that tho appeal must be al lowed with reluctance and some doubt. Mr Justice Reed and Mr Justice Smith held that the question whether or not appellant herself was negligent was solely a question for the jury, and the jury, having decided that she was not, its decision should not be interfered with. Costs, £lO 10s, were allowed the appellant.