DISTRICT JUDGE'S DISCRETION.

Wairarapa Age, Volume XXXII, Issue 9584, 2 September 1909, Page 6

DISTRICT JUDGE'S DISCRETION.

A MASTERTON CASE. The question whether a District Judge has the power to delegate to a jury his judicial discretion as to nonsuiting a plaintiff was put before Mr Justice Sim, at Wellington, yesterday morning, in reference to a case from Masterton, says the "Post." The plaintiff, William Hugh Long, butcher, had sued Max Oecar *ronsten,auctioneer, for the sum of £499, alleged to be due on a business transaction in which 'hey were jointly engaged. The defendant denied any liability. The case was tried before District Judge Haselden and a jury of four. At the close of the case for the plaintiff counsel for the defendant asked for a nonsuit. The judge said he was of opinion that the plaintiff had not proved his case, but before entering a nonsuit he would ask what the jury thought on the matter. The jury unanimously decided that the plaintiff had made out no case for the defendant to answer. The judge nonsuited the plaintiff, who carried the case to the higher court on the ground that the District Judge was wrong in so delegating his judicial discretion to the jury. His Hnnor decided yesterday morning that the procedure of the District Judge was somewhat unusual, but one that he was quite at liberty to adopt. The only thing that was wrong was that the judge had gone further and entered judgment for the defendant. Judgment was given for the respondent with £lO 10a costs. Mr C. A. Pownall appeared for the appellant, Mr P. L. Hollings and Mr H. H. Ostler for the respondent. _________