JURY MISDIRECTED IN CIVIL ACTION

Southland Times, Issue 23945, 11 October 1939, Page 3

JURY MISDIRECTED IN CIVIL ACTION

JUDGMENT DELIVERED BY COURT OF APPEAL

WELLINGTON, October 10. The Court of Appeal delivered judgment in the appeal brought by Ronald George Orr, of Auckland, against William Ancell Reynolds. The Court held that the trial Judge, Mr Justice Fair, in the manner in which he placed the issues to the jury at the trial, had misdirected it with the result that a miscarriage of justice may possibly have occurred. That being so, a new trial of the action was ordered to take place at the next sitting of the Supreme Court at Auckland. The Court was unanimous. Mr Justice Ostler, however, expressed the opinion that no evidence of negligence on the part of Orr had been produced at the trial and that the case should have been withdrawn from the jury, but, as the other members of the Court considered a new trial to be the proper order to make, he agreed with that course.

The case arose from an action heard on June 10 last, in which Reynolds claimed £640 damages against Orr for injuries received in a collision between his motor-cycle and a stationary motorcar on February 22, 1938. Reynolds contended that the collision was due to the negligent driving of Orr, who drove another motor-car on to the road out of a side road as Reynolds approached the intersection, causing him to swerve and strike the stationary vehicle. The jury awarded Reynolds £557 damages. Orr then applied to the trial Judge (Mr Justice Fair) for judgment for a non-suit against Reynolds, or for a new trial on the grounds that the verdict was against the weight of evidence, and that the Judge had misdirected the jury in summing up. This application was refused on June 14 and judgment entered in accordance with the verdict. The appeal was from Mr Justice Fair’s refusal to grant judgment for the defendant, a non-suit, or a new trial. Mr F. L. G. West, of Auckland, appeared for Orr and Mr F. C. Jordan for respondent.