WITNESS SURPRISES COURT

Southland Times, Issue 23888, 5 August 1939, Page 12

WITNESS SURPRISES COURT

REFERENCE MADE TO INSURANCE (United Press Association) HAMILTON, August 4. The hearing in the Supreme Court of a civil action arising out of a motor accident was unexpectedly interrupted when a witness made reference to accident insurance. The witness, who was the plaintiff in the action, was asked by her - council (Mr O. C. Mazengarb) what one of the defendants said to her after her husband’s death. Witness replied: “He told me to go for as much as I could get, as the car carried passenger insurance.” Mr W. E. Leicester, counsel for one of the defendants, said that, while he acquitted Mr Mazengarb of knowing what the witness’s reply would be, he wanted to state that the insurance company had repudiated liability. Mr Mazengarb assured the Court that he did not expect the witness to give the answer she did. Mr Justice Johnston said it was most unfortunate that the witness had made the statement. Counsel had their remedy. They could either agree to the discharge of the jury or leave it to his Honour to instruct them to take no notice whatever of the reference to insurance. He could tell the jury to treat the matter as though the words had not been used. Juries were never supposed to take into account that insurance companies were affected, and it was assumed that they never did. Mr Leicester said most juries included motorists, and they knew that often there was insurance involved. The Court adjourned for 10 minutes to enable counsel to discuss the matter. After a conference with his Honour, the '’ase proceeded.