OBJECTION TO NEW TRIAL

Poverty Bay Herald, Volume LXIII, Issue 19044, 18 June 1936, Page 9

OBJECTION TO NEW TRIAL

JULY'S DAMAGES AWARD APPEAL COURT ARGUMENT (Per Press WELLINGTON, last night. The Court of Appeal concluded hearing the appeal from the decision of Mr. Justice Ostler, who ordered a new trial of an action arising out or' an accident at Whakaronga, near Pnlmerston North, on December L~, 193;". The appellant is Edith Matilda Hodgson, who, when riding n bicycle was run into and severely injured by a motor car belonging to the llawke's Bay Moat'Company, Limited, one or' the respondents in the action, ond driven hv a man named Stubb-s.

Addressing the court on behalf of the respondents, Mr. \V. E. Leicester said the question arose of whether the jury's award of £2">oo general damages for personal injuries could ~b? said to be excessive. The position of the trial judge, Mr. Justice Ostler, had also to be considered in connection with his exercise of his right to vacate a judgment based on a jury's verdict and order a new trial. In t..e present ease, 32 sensible men could not reasonably have awarded that sum. The jury failed to consider toe right matters', and considered the wrong matters. Further, they applied the wrong measure of damages. The question of the loss of appellant's services to her husband should not have been taken into account by the jury.

It was submitted that the .sum awarded amounted to ,ait attempt to give damages on the basis of the appellant having suffered permanent deformity and was calculated as a form of maintenance for life. The duty exercised by the trial judge in taking away the verdict was a salutary one, and the Court of Appeal should he slow to reverse his decision.

After hearing argument in reply, the court reserved judgment.