ONEHUNGA TRAM FATALITY.

New Zealand Herald, Volume XLVI, Issue 14219, 16 November 1909, Page 6

ONEHUNGA TRAM FATALITY.

THE COMPANY'S APPEAL.

Judgment was delivered by Mr. Justice Edwards yesterday on the application of the Auckland Electric Tramways Company for a new trial in the case in which Samuel Horsnell was awarded £700 damages against the company for tho death of his wife, caused while travelling on one of the defendant company's tramcars. The case was heard at the last civil sittings of the Auckland Supremo Court, and on tho verdict of tho iury being announced Mr. J. R. Raed, on behalf of the defendant company, moved for a new trial on the ground that tho damages'awarded were excessive. .

His Honor, after pointing out that the plaintiff and the deceased wore aged' 70 and 64- years respectively, and that the deceased nor formed all the household work, went on to say that counsel for the defendant company did not dispute that the plaintiff had suffered a loss of £1 a week through the death of his wife, but ho contended, quite fairly, that tho respective ages of the plaintiff and of his wife should be taken into consideration. All this was urged upon th« iurv at the trial, and it might be supposed that it was taken into consideration by them. Counsel for the plaintiff, on the other hand, pointed out that the plaintiff's monetary loss was by no means limited to the amount now paid by him for domestic service. His wife's service were of far more value, and it was not imposible that the home might now be broken up, to the plaintiff's further financial loss. Hie Honor said it was obvious that it was impossible in these circumstances to assess tho plaintiff's monetary loss with any degree of accuracy. In all cases where the damages could not be accurately assessed the rule was that the verdict of the jury could not be interfered with, unless ifc was shown to the satisfaction of the Court that the damages were so largie that no 12 sensible men could reasonably have given them. He was unable to come to the conclusion that upon the material before the iury in the present case no 12 sensible men could reasonably have arrived at tho verdict given. The motion for a new trial must, therefore, be dismissed, with £10 10s costs. " Bv consent, execution was stayed until Friday, in order to allow of notice of appeal being given.