JURY’S AWARD

Otago Daily Times, Issue 22712, 26 October 1935, Page 24

JURY’S AWARD

IN EXCESS OF AMOUNT CLAIMED RE-DIRECTION BY JUDGE (Per United Press Association) CHRISTCHURCH, October 25. By awarding the plaintiff special damages totalling £2OO more than he claimed, the jury hearing a collision case this morning astonished the court and created a peculiar position. Mr Justice Northcroft immediately ordered the jury to retire again to consider 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 by His Honor. Frederick John Rule, a panel beater, was the plaintiff, and William George Price, an engineer, the defendant. When the jury returned the foreman announced that the verdict was that the defendant had been proved guilty of negligence, and therefore general damages would be awarded amounting to £3OO and special damages totalling £SOO. Mr Justice Northcroft said his view was that he must again direct the jury to retire ‘and reconsider the verdict. He pointed out that the amount claimed for special damages was £3OO altogether, made up of £2lO for wages. £7B for hospital expenses, £4 4s doctor’s fee, and £8 for clothes, a total of £3OO 4s 6d. “ 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,” declared bis Honor. ■ “ There may be some misunderstanding, and I think in the circumstances you had better retire and reconsider your verdict.” On the jury’s return, the foreman, remarking that he would look at bis 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 £BOO and costs.