SETTLEMENT BEACHED

Manawatu Standard, Volume LVII, Issue 153, 31 May 1937, Page 6

SETTLEMENT BEACHED

SUPREME COURT ACTION. CLAIMS FOR DAMAGES. .The Supreme Court sessions resumed at Palmerston North this morning. When tlie hearing was due bet ore His Honour Sir John Reed and a jury of an action in which John Edward Hodgson and his wile, Mrs Edith Matilda Hodgson, of Whakarongo, claimed £lB3 special damages and £IS(JU general damages from Ernest r.. Stubbs, of Takapau, as the resu t of a collision between a car driven by defendant and a cycle ridden by Mrs Hodgson at Whakarongo on December 15, 1935. it was announced that a settlement had been reached. Mr A. M. Ongley, appearing for plaintiffs, in making the statement, accordingly asked for the case to be struck out and this was doiie. Malting jurors were discharged from lurtlier attendance. Mr . J- Grant appeared for defendant. From the same set of circumstances a case was previously heard in the Supreme Court at this centre, His Honour Mr Justice Ostler presiding, in which Mrs Hodgson claimed damages and she was awarded the sum of £2600. Counsel for defendant asked for a retrial on tile ground that the award was excessive. The decision was the subject of an appeal, and the case next came before the Appeal Court, which ordered a new ' trial on the ground that evidence as to work done by plaintiff on her husband’s farm had been wrongly admitted to the jury. The case was then set down for a retrial, but was settled as to Mrs Hodgson’s claim for medical expenses and personal Injuries only, all the other questions being reserved. The claim due to come before the Court to-day was brought by Mrs Hodgson and her husband, Mrs Hodgson for loss of personal property and Mr Hodgson for the loss of his wife’s services on the farm and for the loss of her companionship. When .advising His Honour that a settlement had- been reached, Mr Ougley expressed regret that earlier advice could not have been given to the -Court, but the settlement had been arrived at only this morning. His Honour remarked that it was a pity that such had been the time of the settlement, otherwise the jurors might have been advised that their attendance was not required; also, the expenses of the action would have been less.

Mr Ongley then asked for tlie refund of the jury fees, but His Honour refused the request. The ease was struck out, as stated.