DRIVER'S INJURY

New Zealand Herald, Volume LXXIV, Issue 22877, 4 November 1937, Page 17

DRIVER'S INJURY

damages awarded

A MAJORITY verdict

COMMENT ON THE EVIDENCE

The hearing of a claim for damages •». Harry Bailey, bus-driver (Mr. Schramm a™ l '^ r - Elwarth), against -, o „ricp Joblin (Mr. Holmdcn an®Mr. -mynes), was concluded before Mr. Justice Callan and n jury in the Supreme Court yesterday. The plaintiff suffered severe head injuries in a collision that cctirred near Albany last December between a van be was driving and a i rr r driven by the defendant. He ked £IOOO general damages and £202 15s special damages in eonipensa- ' tion for his injuries. Knch party alleged that the accident was due to the negligent driving of the other. In summing up alter counsel had ad- ' J resse d the jur,v, His Honor said the case presented them with a number of rave responsibilities. They would have to decide as be,st they could which of two pairs of thoroughly experienced, irell-knowix medical men best knew their own skilled business. It was apparently one of'those difficult cases on which "anything that was said was a opinion. In the circumstances the wisest thing was take something like a midway course. . \ s to the circumstances of tlio accident, there was something more than ordinary natural conflict of evidence present* in this case, said His Honor. ]f the story told by one side .was true ' then it was difficult to escape the conclusion that there must have been conscious perjury on the other. He suggested that the, jury's attitude should be "somebody, possibly two or three, have combined to tell us lies in this case, and we want to know who, and we are going £o make every effort to be sure about that if we can." Could ther honestly give Bailey a penny of damages, His Honor asked, unless they were satisfied that Joblin and his two witnesses were conscious liars ? v After a retirement of 5i hours the jury returned to announce a verdict for the plaintiff by a majority of nixie to three. They awarded liim £250 general and £172 15s special damages. . Mr. Schramm moved for judgment and Mr. Holmden asked for stay of execution for 14 days, with a view to applying for a "new trial. Both motions ■were' adjourned.