McGreene v Hibernian Taxi Company (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 01 January 1931
• Date: 01 January 1931
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.],

M'Greene

and

Hibernian Taxi Co. (No. 2)

Personal injuries -Action for damages - Application for new trial -Action already tried twice - Damages awarded on second trial greater than amount claimed Practice.

The plaintiff obtained a verdict for damages for personal injuries occasioned to her by the negligence of the defendants. The action was tried by a Judge and jury. On the application of the defendants, a new trial was ordered on the ground that the verdict was against the weight of evidence. On the second trial the plaintiff was again awarded damages (a larger sum and more than plaintiff claimed). The defendants thereupon applied for another new trial. Held, that the application must be re fused, as the credibility of witnesses was peculiarly a jury matter, and the fact that the case had been twice tried with the same result was a matter to which considerable weight should be attached in deciding whether a new trial should be granted upon the sole ground that the verdict was against the weight of evidence; moreover, there was not on the second trial a manifest preponderance of evidence against the...