High Court Wellington
25, 30 November; 13 December 1938
Callan J
25, 30 November; 13 December 1938
Callan J
Practice — Trial — Running-down Action — Defendant Motor-car Drivers both Insured — Contest between them to fix Blame on Other — Disclosure of Insurance — Special Circumstances — Motion for New Trial — "Unfair or improper practice" — Counsel's Reference to Irrelevant Considerations — Attempt to inflame Jury's Feelings — Serious and Obvious Misconduct — Test as to whether Jury influenced to Erroneous Conclusion — Damages — Assessment — Accident hastening Necessity for Inevitable Operation — Whether Matter to be taken into Account by Jury — Code of Civil Procedure, R 276 (d).
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