The Sympathy of Juries.

Wanganui Chronicle, Volume 83, Issue 40, 17 February 1939, Page 6

The Sympathy of Juries.

A possible effect of a jury awarding damages because of sympathy for a person who had suffered loss through death or injury, was referred to by His Honour, Mr. Justice Reed, in the Supreme Court at Wanganui yesterday. He said that he believed that it was within the knowledge of jurymen that the pocket of the defendant in these motor collision cases was net affected. That tended to influence ruries to award damages. No decent person could help feeling sorry for plaintiffs who had suffered through loss of life, His Honour said. But a jury had a duty to first ascertain whether the defendant motorist had been guilty of negligence. A motorist might exercise reasonable care, do all that a reasonable man could do in the circumstances, but if a jury awarded damages it would place a stigma upon him. "Imagine what the position would be if that same motorist was involved in another accident,” His Honour said, “an accident in which he might be entirely in the right. It could be recollected against him that a jury of 12 men had found him guilty of being negligent and taking life.”