Juries' Difficulties.

Manawatu Standard, Volume IX, Issue 119, 24 April 1885, Page 2

Juries' Difficulties.

A peculiar case has just been decided m the Supreme Court m Christchurch. Most people know that m cases of libel, defamation, &c., juries are frequently puzzled to know what amount of damages will carry costs, and that judges generally refuse to give them any information on the subject, saying they have nothing to do with the question of costs. This ruling has always struck us as most improper, because the question of costs must necessarily, to a large extent, regulate the effect ot the verdict. In a recent case m Canterbury the jury found a verdict for Is damages, at the same time intimating that they intended it to carry costs. In banco the question of costs was argued, and Mr Justice Johnston m giving judgment, said that he would not lay down a general rule, but he added : " The case stands thus : The action wai for libel, one m which, with respect to damages, there is no fixed rule or measure, one m which it is conclusively for the jury to determine damages. There can be no doubt with regard to this case, that had the jury been aware of the amount of costs necessary to enable the plaintiff to get a verdict, they would have found for an amount sufficient to cover it. Though the verdict as given could not stand, vet the intimation by the jury is one that the Court is able to take into consideration to guide it m deciding as to whether cost should be allowed. The intimation seems to me to amount to this : 'If wo knew what the requisite costs were, we should give a verdict for Is dainages,j>?H# costs.' It cannot be said that this is unreasonable, or that the Court is not competent to take it into consideration. The plaintiff must be hold entitled to coats under the lowest scale.