VERDICT SET ASIDE.

New Zealand Herald, Volume LX, Issue 18534, 19 October 1923, Page 6

VERDICT SET ASIDE.

. , INSUFFICIENT EVIDENCE, UPHOLSTERER'S SICKNESS. - :•; ■ . ' _J [BX TEiKGaAPH.—OWN COIiEESPONDEOT-J , WELLINGTON. Thursday. Y; The^"hearingcbftheice^cof^Jclmr Baldwin Adams, an' upholsterer, against tha ' Wellington Patent Blip Company, a claim ; for damages arising: from . the ; contraction of a skin disease* was continued before ' ._.. ~ the full Court to-day, when the del end- •:-'; > ants moved that the plaintiff, • who hid been awarded £427 103 at the ; last civil sessions of Y the : Supreme Court, should - be nonsuited, and • alternatively, that a new trial should bo ordered on the' ground Ys - that , the verdict was against : the weight •.,. s \' of 'evidence.', Mr. Justice Hashing "pre-;." ;>i;» sided, and those associated with him were Mr. Justice j Herdnran, Mr.- Justice - Sal-: mond, and Mr. Justice Reed. Mr. C. A. L. Treadweil "appeared for the company,' > ,-„ and Mr. M. Myers, K.C., and Mr. O. C. Mazengarb, for Adams. - ' -.. After hearing argument, Mr. Justice Hosking said that to his mind the evi- !;> dence . could hot' justify a jury; in .return-.- ,' •: ing a verdict in favour ""■ of I the plaintiff. . :';• ', He thought judgment should, be given . for the defendant. The other members • of the ' Court agreed with the views ex-"' . pressed by ■■ Mr. Justice Hosking. y ' *,' Y' 'Y■;■ Mr. " Myers • submitted : that Y judgment ■' ' t could, hot be given : , for the . defendant, as ■':•-■• V' a small • amount ! due for. -wages ; had been >;YY Y admitted by the defendant, and that ; had to be paid. * Mr. Justice Hosking said that jur'gjcenfc - would'bo given for the plaintiff for th* amount due. and Tor the defendant on ' , all the other issues. .