DAMAGE TO FLAX

Waikato Times, Volume 124, Issue 20785, 21 April 1939, Page 9

DAMAGE TO FLAX

DEMAND FOR NEW TRIAL CASE BEFORE APPEAL COURT SEQUEL TO A FIRE (Ey TeJesrapn.—Press Association) WELLINGTON, Friday. A case in which both parties to the dispute are appealing against an order for a new trial came before the Appeal Court to-day. in May, 1933, a llaxgrowing syndicate consisting of Percy Higginboliom, of Wanganui, and ten others obtained a verdict for £2750 and costs against Sir Kenneth Douglas, of Wellington, for damages for loss of llax on the syndicate's property at Mangardu. caused by a fire allegedly lit by Douglas near the syndicate's property. Douglas applied for a new trial on three grounds: (1) the discovery of new evidence since the trial; (2) the verdict being against the weight of evidence called at the trial; ,3, excessive damages. Mr Justice Blair, who was the trial judge, rejected the first two grounds, but, expressing the view that owing to the state of the industry flax was practically unsaleable, held that the damages were excessive and ordered a new trial, not on the question of the liability of Douglas but purely on the question of damages. Both parties are now appealing from Mr Justice Blair's order, Douglas contending that the new trial should be of the whole matter, including liability, and the syndicate claiming that the jury's verdict should never have been disturbed.