COURT OF JUSTICE.
“NOT A CHARITABLE INSTITUTION.” STATEMENT BY JUDGE. (By Telegraph.—Special to Standard). AUCKLAND, Aug. 13. “A Court of justice is not a charitable institution,” said Sir Alexander Herdman in the Supreme Court when instructing a jury in a claim for damages. “When a plaintiff comes into Court seeking to obtain damages, he is bound to show that the defendant is ‘in Court’ and has been guilty of some neglect.” The present case, ho said, was an important one, and a peculiar one. Although plaintiff had the whole initial responsibility of proving negligence, he called but two witnesses, one an expert, who gave evidence about cars, and the other an eyewitness, who declared that, in his opinion, the driver of the motor lorry was guilty of no neglect at all. “Of course, everyone sympathises with the widowed woman and with the children,” continued His Honour, “but if juries in New Zealand are to give verdicts based upon sympathy alone, without having regard to the evidence, then a scandal is perpetuated and the administration of justice is to some extent tarnished.”
The jury brought in a verdict for the defendant.
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Bibliographic details
Manawatu Standard, Volume L, Issue 220, 13 August 1930, Page 6
Word Count
190COURT OF JUSTICE. Manawatu Standard, Volume L, Issue 220, 13 August 1930, Page 6
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