JURY'S POWER.

Dominion, Volume 6, Issue 1754, 20 May 1913, Page 6

JURY'S POWER.

[ CANNOT INCREASE DAMAGES, ' Yesterday morning Mr. T. M. Wilford contended 'in tho Supremo Court that a jury could award a plaintiff higher damage's than the amount claimed. His Hononir the Chief Justice (Sir Rob. Crt Stout) said that a jury could not da so. If thev attempted to their verdicq would not t:i? sound. Mr. Wilford reiterated his contention. . Mis Honour: There is no such law. J ; shall tell tho jury so. J Mr. Wilford handed up a report of K case which ho 6'aid had a bearing on tho subject. . His Honour (after reading): It has no more bearing'on it than'this first chapter of Genesis has. • mil After eorno further argument, Mr, Wilforcl remarked: I bow to yon.r Honour's ruling, but I still liold .to my own' opinion. . , His Honour: You have lio right to say so. You have to bow to tho will of tho Court. I am very sorry you have not read the law. Mr. Wilford: I must bow to your Honour's ruling. Will your Honour now allow tho matter to drop? ■ His Honouir: Counsel should not have an opinion 011 such a plain matter of law. Mr Wilford: I have to acninesce, but I still think that it is permissible forcounsol to hold an opinion, and I do hold my opinion. . His Honour: Well, I am very sorry to '"After" lunch Mr. Wilford reopened tll9 cn«o bv handing up another law Teport which he said boro out his contention. Jli.9 Honour promptly paid that tno casa did not support Mr. Wilford'? argument, and ho added that Mr. Wilford could not produce a einglo authority which would."You read tho cnsel" he said fflmrply. Mr. Wilford: I Have not been cut W lunch. I have doDia nothing but.look up CUSPS. ' • 1 His Honour: You get me a single casa and I will apologiso to you. Mr, Wilford: Oh, I don't want all apologv, your Honour. Tho'incident closed wdth.his Honoiir 1 remarking that in tho caso Mr. .Wilford had referred to tho amount of tho claim had been amended beforo t'lio jury brought in its verdict.