APPEAL ALLOWED
MAGISTRATE’S UNUSUAL ACTION.
(Per United Press Association.)
Auckland, December 18.
Holding that the Magistrate had in effect constituted himself a witness in a case, Mr Justice Smith to-day allowed the appeal in the action in which a man whose cow had been injured by a lorry claimed damages for negligence. The Magistrate, after the case closed, had himself conducted an experiment to inform himself on an important point concerning the speed of the lorry. This he had done, no doubt with the best intentions, but without the knowledge of the parties in the case. The Judge took the exceptional course of ordering that the case be re-heard by the Supreme Court, as he said it was not desirable to send it back to the Magistrate.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/ST19311219.2.45
Bibliographic details
Southland Times, Issue 21581, 19 December 1931, Page 5
Word Count
127APPEAL ALLOWED Southland Times, Issue 21581, 19 December 1931, Page 5
Using This Item
Stuff Ltd is the copyright owner for the Southland Times. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.