DECISION RESERVED

Manawatu Standard, Volume LV, Issue 195, 17 July 1935, Page 4

DECISION RESERVED

AWARD OF DAMAGES. WELLINGTON, July 17. Decision as to whether damages awarded Walter Winiata and Annie Winiata, of Levin, against John Goldsmith Etheridge, a commercial traveller, by a Palmerston North jury in May were excessive, was reserved by Mr Justice Smith m the Supreme Court in Wellington yesterday. The father was awarded £3SU and the mother £150,, as compensation for tho death of their son, who worked on their farm, as the result of an accident in which a motor-car driven by defendant was concerned.

Mr H. R. Cooper, of Palmerston North, moved for a non-suit or for judgment for defendant, or for a new trial, on the grounds that there was no, or not sufficient, evidence to justify the jury finding negligence or that defendant had the last opportunity of avoiding tho accident, that the findings of the jury were against the weight of evidence, and that the damages were excessive. • Mr A. M. Ongley, of Palmerston North, opposed the motion. His Honour refused the non-suit and judgment for defendant, holding there was evidence entitling the members of the jury to draw the conclusions they did.

There was lengthy argument on the question of damages. Mr Ongley emphasised that deceased worked on the farm, and would have been a great help in future, as he had been in the past, to his mother and father.

His Honour said it was rather difficult to follow the justification for the award of damages to the mother,. hut he would consult the authorities cited by counsel.

Asked if, in the event of it being held that either set of damages was excessive, they coulc! agree to a reasonable sum being fixed without tho necessity for a new trial, both counsel stated they would first have to consult their clients.