Russell v Weneweser

• Jurisdiction: Ireland
• Judgment Date: 25 January 1868
• Date: 25 January 1868
• Court: Exchequer (Ireland)

Exchequer.

RUSSELL

and

WENEWESER.

Kilmore v. Abdoolah27 L. J. Exch. 307.

Wakelin v. MorrisENR2 F. & F. 26.

Hall v. PoyserENR13 M. & W. 600.

Levy v. MilneENR12 Moore, 418.

Mears v. GriffinUNK2 Scott, N. R. 15.

Chilvers v. GreavesUNK6 Scott, N. R. 539.

Pool v. WhitcombeENRENR3 F. & F. 70; S. C. 12 C. B. N. S. 770.

Cahill v. VernerUNK2 Ir. C. L. R. 549.

Action for Negligence Damages not carrying Costs Setting aside Verdict on the ground that Counsel have addressed the Jury on the subject of Costs.

COMMON LAW SERIES. FITZGERALD and. DEASY, BB., concurred. Motion refused with costs. 427 Exchequer. 1868. Attorney for the Plaintiff : B. Armstrong. Attorneys for the Defendant : Reade and Goodman. CLARKE V. REILLY. RUSSELL v. W ENE W ESER. Exchequer. 1868. Action for Negligence-Damages not carrying Costs-Setting aside Verdict on Jan. 25. the ground that Counsel have addressed the Jury on the subject of Costs. In an action for negligence, the counsel for the Defendant, addressing the jury, urged-that the Plaintiff ought not to get costs. The Judge directed the jury to find a verdict irrespective of costs. The jury brought in a verdict for 5; and a juror asked if this would carry costs; being answered in the negaÂÂtive, he declared that such was the intention of the jury. The Judge conÂÂsidered the damages very inadequate. The Court granted a new trial, on the ground that the topic of costs had been addressed to the jury, and evidently considered by them, though it did not appear that their estimate of the damages had been actually determined by this consideration. AcrioN FOR NEGLIGENCE. The Summons and Plaint alleged cer tain injuries sustained by the Plaintiff in consequence of his falling into the aperture of Defendant's coal-hole, and sought damages. The case was tried before the Lord Chief Baron at the Easter After Sittings, 1867, and resulted in a verdict for the Plaintiff for 5. In Trinity Term, the Plaintiff obtained a conditional order for a new trial, upon the ground that the assessment of the damages by the jury at 5 was founded upon something else than the view which they took of the amount of damage which the Plaintiff had sustained from the injury he complained of, and because the jury measured the damages they awarded, not with reference to the injury sustained, but with a view to deprive the Plaintiff of the costs of the action, and contrary to the charge and direction of the Judge, and also on the ground that the damages were inadequate. The following facts appeared. from the report of the learned Exchequer. Judge :-The Plaintiff was a cooper by trade, but at the time of 1868. the occurrence of the alleged injuries was working for a salary at RUSSELL Messrs. Findlater's Brewery. While walking along the street, his foot went through the aperture of the Defendant's coal vault, WENEWESER. which had been left uncovered ; at the time he had his hands in his pockets, his face was to the flags, and one knee was out, and the other was in the coal vault. He said-" When I strove to get my hands out. I could feel the bone cringing against the edge of the vault. If I took my hands out the leg would be broke, for the weight of my body was on my arms. I did not take out my arms-I did not get my leg out, because a young man took me out." He proved by his own evidence, by that of a doctor, and a man named Bourke, that he had been under treatment for some time in conseÂÂquence of the injury ; that he had been some time unable to walk, and had had his wages stopped. He said he was able to earn thirty shillings a week before the accident, but that he could not now earn more than twelve shillings ; he could not stoop or bend his foot, in case he was obliged to give up his present employment, and return to work as a cooper. He went subsequently to DefenÂÂdant's premises, and had some talk with him about compensation, but denied that he had offered to take 5. The doctor proved the continuance of a certain amount of injury, and that...