COURT SURPRISE

Waikato Times, Volume 118, Issue 19716, 25 October 1935, Page 8

COURT SURPRISE

JURY AWARDS DAMAGES. £2OO MORE THAN OLAIMED. JUDGE' ORDERS RECONSIDERATION (By Telegraph.—Press Association.) •CHRISTCHURCH, Friday. By awarding plaintiff special damages totalling £2OO more than he claimed, the Jury hearing a collision case this morning astonished the Court and: created a peculiar position. Mr Justice Northcroft Immediately ordered the Jury to retire and again consider.their verdict. A few. minutes later the jury returned with a verdict awarding plaintiff with £SOO general damages and . £3OO special damages for which judgment with costs was given by His Honour.

Frederick John Rule, panel beater, was the plaintiff, and William George Price, engineer, the defendant.' When the jury returned the foreman announced that 'the verdict was that the defendant had been proyea guilty of negligence, and therefore general damages would be awarded amounting to £3OO, and special damages totalling £SOO.

His Honour said his view was ••hat he must again direct the jury to retire and reconsider their verdict. He pointed out that the a mount claimed for special damages was £3OO altogether, made up of £2lO for wages, £7B for hospita.l expenses, £4 4s doctor’s fee, and £8 for clothes, a total of £3OO 4s 6d. “In these circumstances the total amount to which plaintiff is entitled by way of special damages, is the amount claimed, and upon which evidence has been given," declared His Honour. “ There may be some misunderstanding, and 1 think in the circumstances you had better retire and recotasider your verdict.” On the jury’s return the foreman, remarking that he would look at his notes, 'for he must not make a mistake, announced that the verdict was for £SOO general damages, and £3OO special damages. His Honour then discharged the jury and gave judgment for £BOO and •costs.