LOSS OF AN EYE

Waikato Times, Volume 125, Issue 20919, 26 September 1939, Page 9

LOSS OF AN EYE

RECENT COURT ACTION COSTS OF TRIAL CONTESTED JUDGMENT FOR DEFENDANT Judgment on the question of Court costs relating to a case heard at the last session of the Supreme Court, Hamilton, in which Eric James Purdy, aged 15, a farmhand of Pairere, was awarded £1125 18s damages from Alexander Dumo, a carpenter, of Remuera, as compensation for the loss of an eye in a motor accident, was delivered by Mr Justice Blair today. The accident occurred on April 10 near Cambridge. Mr W. J. King appeared for plaintiff and Mr J. F. Strang for defendant. Before the hearing the defendant admitted liability and paid into Court £llsO. The claim was for £2025 18s damages. Plaintiff, however, elected to proceed to trial in the belief that he was entitled to greater damages than the amount paid into Court. In his judgment, His Honour said that when the money was paid into Court there had been no specification of how much was for damages and how much for costs. A bare sum was mentioned and no distinction was made therein as to how it was made up. There was nothing to indicate that any portion of the amount paid into Court was specifically allocated to costs. The costs of the trial, however, would have been avoided had the plaintiff accepted the amount paid into Court, and His Honour found he must impute to plaintiff the blame for that position. His Honour accepted the defendant’s suggestions as to costs, and gave judgment for plaintiff for the damages awarded by the jury together with costs of issue of writ and preparation for trial. The defendant was awarded costs of the trial.