VERDICT NULLIFIED

Hokitika Guardian, 14 December 1927, Page 1

VERDICT NULLIFIED

JUDGE'S CONTENTION. (By Telegraph—Per Press Association.) AUCKLAND. Dec. 15. A new trial, on the ground that the verdict was against the weight of evidence. has been ordered by Mr Justice Hardman, in the ease in which the jury awarded €7Ol damages to R. J. Wilson, a carpenter, against George .Kent and Sons, Limited, bakers; arising out of a collision between defendant's van and plaintiff’s motor-cycle. The judgment refers to the allusionin Court to defendant’s indemnification by insurance and says that the result of the trial was infringed upon, the ground that during the proceedings direct or indirect references were made to the fact that defendants were indemnified by an insurance company. His Honour states that bad it not been inevitable that this should be referred to ill the ease in question, through an insurance company representative giving evidence, lie would have withdrawn the case from the jury.

Ttv openly importing Mr Laird ',a witness) into the ease the insurance company, however, elected to associate itself with its fate,’ remarked the judge; adding that in these special circumstances he could not nithdiau the action at the trial. The practice in actions of this kind, of eliciting the fact that a defendant is indemnified by the insurance company, has been censured in the strongest terms, he said. A Scottish authority stated that allusion in a jury trial to the fact of indemnity by insurance was improper and in cases where the Court was satisfied the topic was introduced for the purpose of creating prejudice, the verdict might he set aside.