NEW TRIAL MOTIONS

Poverty Bay Herald, Volume LXIII, Issue 19098, 20 August 1936, Page 8

NEW TRIAL MOTIONS

DOMINION INCREASE COMMENT BY JUDGE (Per Press Association.) WELLINGTON, last night. ' ! Comment on the increasing number of morions for new trials in collision eases was made in a judgment de- ■' liverod by Air. Justice Smith, who : ‘ gave recently stated principles as 1 viewed by the House of Lords. His Honour quoted from the House ; of Lords hoadnoto on the principles upon which the court should act whore it was alleged a verdict was against the weight of evidence. The substance of his remarks was to the effect that, if it were obvious that no verdict for a plaintiff on all the available evidence could lie supported, the: court might save waste of time in ordering a new trial, which could have I only one result, by ordering the vor- ; diet and judgment to be entered for j the defendant. His Honour said that motions for ■ new trials in collision cases on the: ground that the verdict was against • the weight, of evidence had become common in New Zealand. That might be understandable in view of the regn- : laritv with which juries to-day found for plaintiffs and awarded substantial ; damages. Nevertheless, he thought j it not inappropriate to draw the at- 1 tent ion of practitioners to t lie rei-eiu- ] observations of their Lordships and to j suggest close consideration of them. j