BREACH OF PROMISE CASE.
Jury Sympathise with a Returned Trooper.
(OUR OWN CORRESPONDENT.)
Dunedin This Day.
The three-fourths verdict for the defendant in the breach of promise case which was given in Mark v. Culling, came as a surprise especially as Mr Justice Williams has summed up largely in favour of the plaintiff. His Honour said there were only two possible questions for the jury to determine. First, had the parties mutually promised to marry one another. If it was the opinion of the jury that, that was not proved then defendant was entitled to succeed; on the other hand if it was true that the parties had mutually agreed to marry, then since it was admitted that defendant had refused to carry out that promise plaintiff was entitled to her verdict and to such damages as the jury thought reasonable under the circumstances. If the jury were satisfied that there was a contract to marry, he had broken that contract, for he absolutely refused to marry at the end of 1900. That was admitted on both sides.
The impression outside is that the jury’s sympathies were with Culling, because he had been injured while fighting for his country against the Boers.
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https://paperspast.natlib.govt.nz/newspapers/GEST19011123.2.17
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Greymouth Evening Star, Volume XXXI, 23 November 1901, Page 3
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202BREACH OF PROMISE CASE. Greymouth Evening Star, Volume XXXI, 23 November 1901, Page 3
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