DOMINION NEWS.

Hokitika Guardian, 15 December 1927, Page 4

DOMINION NEWS.

(By Telegraph—Per Pross Association.) WEST COAST ROADS. MR K. HADFIELD'S CRITICISM. CHRISTCHURCH, Dec. 14. ’ Commenting on the remarks of the City Engineer (Mr A. R. Galbraith) respecting his criticism of the state of the West Const roads, Mr Keith Hadfield told .a. reporter yesterday that in 1926, when he visited the West Coast, lie had emphasised the almost impassable condition of the road right down to the Franz Josef glacier, due to the use of the grader

‘‘This year, after my visit to the West Coast,” Mr Hadfield continued, “what T particularly emphasised was the condition of the roads north from liinngahua Junction, but more especially the road between Otira. and Ivumarn. This road is as fine a drive as there is in any part of West:?and—a mixture of magnificent scenery and bush. My criticism that this road was ill a shocking condition was supported by many people in Otira. The mad is maintained by the Public Works Department, and I consider that it is: maintained in a very inefficient manner because of tbe use of tbe grader. It carries a considerable amount ol traffic. In the old days when patching was necessary, gravel was carted to the portions requiring attention ; now they use the grader and try to make the gravel on the road do.”

ROAD SUBSIDY DISPUTE. HAMILTON, Dee. 13. 'flic dispute between the Waikato County Council and the Main Highways Board reached a head at the County Council meeting to-day. The difference between the two bodies has recurred over the maintenance of the Xgnrua wall in-Oh inewni stretch of main South road for which the County Council demands a subsidy of £3 to £1 basis. The county is stubbornly resisting the Highways Board’s demand for a larger contribution, and decided to-day. failing further satisfaction, to ask for a Commission on the matter.

RAILWAY SERVICE. IMPORTANT CHANGFS, WELLINGTON, Dec. 13. Important changes are involved in the re-classification of the first division of the Railway'Department, which has now been completed. All the positions (have been advertised and these it is understood, have been filled. Pending confirmation by Cabinet of tbe higher positions in the service. the whole of the re-grading scheme comes into operation in terms of the provisions of the Government Railways Amendment Act passed during the session, which brought the Railway Department into hue with other parts of the Government service with respect to classifications, regrading. right of appeal, p roccdure following appeal and constitution ol the Appeal Board. The changes ot importance made by the reclassification relate chiefly to the higher positions in the service, and are due for announcement shortly.

VERDICT SET ASIDE. RKKERENOKS TO INSURANCE IMPROPER. AUCKLAND, Dec. 13. In the course of a reserved Judgment ordering a new trial in a motor collision case in which the jury awarded £7Ol lls fid damages, Mr Justice Herdman comments strongly upon the practice, of eliciting during a trial the fact that the defendant is indemnified by ail insurance company.

His Honour lias ordered a new trial cm the ground that the verdict ot l lie jury, arrived at after nearly four 'hours’ deliberation, was against I.lieweight of evidence. “1 have no hesitation in expressing the opinion that the verdict of the jury was unsatisfactory.” the Judge states. “No doubt there was evidence both ways at the trial, sr.it it does not follow from that that a. new trial cannot he had.” Reference' is then made to allusions j„ Court to defendant’s indemnification hv insurance. “The result of the trial.” says the judgment, “was impugned upon the ground that during the proceedings direct or indirect •references were made to the fact that the defendant was indemnified by an insurance company.” His Honour states that had it not been inevitable that this should he referred Jto in the case in question, through an insurance company representative giving evidence, he would have withdrawn the case from the jury. By openly importing Mr Laird (a witness) into the case, the insurance company, however. elected to associate itself with ite. fate. In these special circumstance's he could not withdraw the action at the trial.

“The practice in actions of this kind of eliciting the fact that a defendant is indemnified iiy an insurpnre company lias been censured in the strongest terms,” reads the judgment, Among the authorities quoted by the Judge is the following from a Scottish case: “Allusion in a jury trial to the fact of indemnity by insurance is improper, and in eases where the Court is satisfied that the topic is introduced for the purpose of creating pircjudic?, the verdict may be set aside.”