COURT OF APPEAL.

Taranaki Daily News, Volume LIII, Issue 75, 7 July 1910, Page 5

COURT OF APPEAL.

NORTON v. BERTLING. . By Telegraph.—Press Association. Wellington, Last Night. The Court of Appeal is hearing the Norton v. Bertling appeal from the judgment of the Chief Justice and Mr. Justice Cooper, who refused a new trial in the libel action in which one Bertling obtained .-£IOOO damages and costs for articles appearing in ''Truth." The motion for a new trial was on the grounds (1) that the damages were excessive, (2) that the Judge at the trial misdirected thg jury, (3) that the Judge at the trial wrongly rejected evidence, (4) that counsel for plaintiff, in opening and concluding the case, mentioned the amount of damages claimed, such mention being unfair and improper, and lastly (5) that the verdict was against the weight of evidence. The judgments appealed from decided that there had been no misdirection and also that the damages were not excessive. On the argument of motive, defendant (Norton) had abandoned the objection that the verdict was against' the weight of evidence. Mr. Dunn appeared for the appellant, and Mr. F. B. Sharp for the respondent. Mr. Dunn cited cases to show that the defence had not pleaded justification, and therefore that Sir Robert Stout's (Chief Justice) direction that the defendant hdd sought to justify was erroneous. Argument is stijl proceeding.