High Court of Australia
a
ORIGINAL @
IN THE HIGH COURT OF AUSTRALIA
REASONS FOR JUDGMENT
MR. SMITH (continuing): In my submission that cannot be said your Hc.ours and for those reasons I submit with respect that ths appsal should be dismissed.
KITTO, J: Thank you Mr. Smith. Yes Mr. Evatt?
MR. EVATT: There is just one passage in the evidence of Dr, Bloch following immediately after the passage my friend read at p.26, your Honours, at line 8:
"Do you think that would account for the pain here, or for some of it?---I think only a small part of it because it is actually a joint surface that is irregulav and removing the pin might cause some relicf, perhaps to the extent of ten or fifteen per cent of her paine.."
KITTO, J: We have considered this matter. We think that the verdict awarded was low but that it was not so low that a reascnable jury, acting reasonably, might not have awarded it. We are content to adopt the reasons given in the majority judgments in the Supreme Court for holding | that the verdict should stand. | i
The appeal will be dismissed with costs,
The court will adjourn until half past ten tomorrow morning.
AT 4,24 P.M. IHE COURT ADJOURNED UNTIL THE FOLLOWING DAY, TUESDAY 12TH NOVEMBER 1963, AT 10,30 A.M. fi
ed.
j | |
T5U/SS. 356 ADJOURNMENT. 11/11/63.
Suith, JR
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