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Greene v Boyle

Irish Jurist Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1937
Date01 January 1937
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.]
Greene
and
Boyle

Personal injuries -Appeal on ground that damages awarded by jury were excessive - Jurisdiction of court to entertain appeal - Right of jury to deal with costs - Right of trial judge to examine jury as to meaning of their verdict.

In an action for damages for personal injuries the jury awarded the plaintiff a sum £3,500, and added the words "and expense" to their finding. The trial Judge thereupon asked the jury what they meant by "expenses," to which they replied "costs." The defendant contended on appeal that the damages were excessive, that the jury had no right to deal with costs, and that the Judge had no right to examine the jury as to the meaning of their award. Held,by the Court of Appeal that it would be acting contrary to settled principles if it were to substitute its own estimate for that made by the jury; that the question of how far the consideration of costs was within the province...

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