JURY'S MISTAKE

New Zealand Herald, Volume LXXII, Issue 22250, 26 October 1935, Page 12

JURY'S MISTAKE

ALLOCATION OF DAMAGES POSITION LATER RECTIFIED [BY TKLKGIt \PH —PRESS ASSOCIATION J CHRISTCHURCH, Friday By awarding plaintiff special damages totalling £2OO more than he claimed, a jury hearing a case arising out of a collision astonished the Court to-day and created a peculiar position. Mr. Justice Northcroft immediately ordered the jury to retire again to reconsider its verdict. A few minutes later the jury returned with a verdict awarding plaintiff £SOO general damages and £3OO special damages, for which judgment, with costs, was given. Frederick John Utile, panel heater, was the plaintiff, and William George Price, engineer, was the defendant. When the jury returned the first time the foreman said the verdict was that defendant had been proved guilty of negligence, and therefore general damages would he awarded, amounting to £;S00. and special damages totalling £SOO.

The Judge said his view was that he must again direct the jury to retire and reconsider their verdict. He pointed out that the amount claimed for special damages was £3OO, made up of £2lO for wages, £7B for hospital expenses, £4 4s for doctor's fee. and £8 for clothes. "In these circumstances the total amount to which plaintiff is entitled by way of special damages is the amount claimed and upon which evidence has been given," said His Honor. "There may be some misunderstanding, and 1 think in the circumstances you had better retire and reconsider vour verdict." On the jury's return the foreman, remarking that he "would look at his notes, for he must not make a mistake," announced that the verdict was for £SOO general damages and £3OO special damages. His Honor then discharged'the jury and gave judgment for £SOO and costs.