NEW TRIAL ORDERED

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

NEW TRIAL ORDERED

JUDGE’S DIRECTION TO JURY QUESTIONED (United Press Association) WELLINGTON, October 10. Delivering judgment in the appeal case, Tauranga Electric Power Board V. Khu and Ataiti, heard on September 28, the Court of Appeal ordered a new trial of the action to take place at the next sittings of the Supreme Court at Auckland. The Court was unanimous that tbe trial Judge, Mr Justice Fair, in directing the jury that it was open to them, as Niwhai Kohu (who was killed) was only 16 or 17 years of age, to require of him a lower standard of care than they would normally require of a more mature person, had incorrectly stated the law, there being no difference between the care required of such a person and that required of an adult. In view of this misdirection a new trial was necessary.

The case arose from an award by a jury at Auckland in February last, when Karora Kohu and his wife obtained £5BO damages against the Tauranga Electric Power Board in respect of the death of their son, Niwhai Kohu, who was killed in a collision with a lorry owned by the board in June 1938. After the verdict application was made by the board to Mr Justice Fair for an order non-suiting the plaintiffs, 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, and that the damages awarded were excessive. This application was dismissed by Mr Justice Fair, and an order was made for judgment in accordance with the verdict of the jury. The appeal was against that order.