JUSTICE, NOT SYMPATHY

Taranaki Daily News, 14 August 1930, Page 20

JUSTICE, NOT SYMPATHY

JUDGE’S ADVICE TO JUKY.

“A court of justice is not a charitable institution,” said Mr. Justice Herdman in the Supreme Court yesterday when instructing a jury in a claim for damages. “When a plaintiff comes into Court seeking to obtain damages he is bound to show that the defendant is ‘in court’ and has been guilty of some neglect.” The present case, he said, was an important” one and a peculiar one. Although the plaintiff had the whole initial responsibility of proving negligence he called but two witnesses, one an ex-_ pert who gave evidence about cars, and the other an eye-witness, who declared that in his opinion the driver of the motor-lorry was guilty of no neglect at all., “Of course; everyone sympathised with the widowed woman and with the children," continued his Honour, “but if juries in New Zealand are to give ,verdicts based upon sympathy alone without having regard to the evidence, then a scandal is perpetuated, and the administration of justice is to some extent tarnished.” The jury ’brought in a verdict ' for the defendant,- '