AMOUNT OF DAMAGES

Wanganui Chronicle, Volume 79, Issue 144, 19 June 1936, Page 8

AMOUNT OF DAMAGES

JUDGE ORDERS NEW TRIAL CASE BEFORE COURT OF APPEAL [ Per Press Association. ] WELLINGTON, June 17. The Court of Appeal reserved its appeal from the decision of Mr Justice Ostler, who ordered a new trial of an action heard before him on April 29, arising out of an accident at Whakaronga, near Palmerston North, on December 15, 1935. The appellant, Edith Matilda Hodgson, who was riding a bicycle, was run into and severely injured by a motor-car belonging to the Hawke’s Bay Meat Co., Ltd., one of the respondents in the action, and driven by a man named Stubbs. Addressing the Court on behalf of the respondents, Mr Leicester said the question arose whether the jury’s award of £2500 general damages for personal injuries could be said to be excessive. The position of the trial judge had also to be considered in connection with his exercise of the right to vacate judgment based on the jury’s verdict and order a new trial. In the present case twelve sensible men could not reasonablv have awarded that sum. The jury failed tn consider the right matter's and considered the wrong matters. Further, it applied the wrong measure of damages. The question of the loss of Mrs Hodgson’s services to her husband should not have been taken into account bv the jure. It was submitted the sum awarded amounted to an attempt tn give damages on the basis of Airs Hodgson having suffered a permanent defn'mitv and was calculated as a form of maintenance for life. The duty '’xercised by the trial judge in taking awav the verdict was a salutary one and *he Court of Appeal should be slow to reverse his decision.