MOTOR ACCIDENT CASES

New Zealand Herald, Volume LXIX, Issue 21263, 17 August 1932, Page 12

MOTOR ACCIDENT CASES

TRIAL OF CIVIL ACTIONS

SUGGESTION BY CHIEF JUSTICE

[BY TELEGRAPH —PRESS ASSOCIATION"]

CHRISTCHURCH, Tuesday

The suggestion that a Judge and two assessors should try civil actions in which negligent driving of motor vehicles is imputed, was made by the Chief Justice, Sir Michael Myers, in the Supreme Court to-day. His Honor drew the attention of the grand jury to the fact that cases had occurred where one jury (on a criminal charge) had declared by its verdict that accused was not guilty of negligence, while a second jury (in the civil action) had declared he was. Both verdicts, said His Honor, could not be right.

The Chief Justice drew attention to the large percentage of cases in which motor accidents figured. There were no fewer than nine separate cases at the present sessions in which two persons had suffered bodily injury, and seven had met their deaths, and this was typical of what was occurring in varying degrees throughout the Dominion. "It is fair to say that most collisions are due to the negligence of one or other, or both, of the parties concerned," His Honor said. "Few are due to what is called inevitable accident, without negligence on someone's part." After referring to different verdicts returned by criminal and civil juries, His Honor added: "May it be that the jury in a civil action is influenced, subconsciously, if" you like, by its knowledge of the compulsory insurance provisions of our Statute of 1928 ? But whatever the reason it is indisputable that there is injustice somewhere. It is difficult, I know, to find a remedy, but I believe it can bo found."

The Judge proceeded to make a suggestion to the effect that civil actions might he tried before a Judge and two assessors, one appointed by each party.