—The question is whether the whole ming ap would be likely*to lead the jary astray. it must be pro defendant did not care two pence whether Niele-n wr ta anything libelloa= or not, It was oe that, that the jary acted.
Mr. Godfrey—There was first no evidence open which the jary were jostifie in coming to such a conclusion, secondly, the jary were not justified in comity to the covelasion tha: Roope nth seized Nielsen to make the publica did> With regard to paragraph the damages awarded were ex-always a very out before any natural enough because the question of damages in at the discretion of the jary. It is not enough that the higher Court should have an pinion in their mind that the damages mere somewhat high.
His Lordship: They don't appear to be very extravagant.
Mr, Godfrey:—If one can show thet a statement made by counsel, or the direction of the Jodge, io any way leads! the jary astray in the question of the damages, it is strong ground for this Coart to say that the damages were excessive. Farthermore, it oan be done where there is a misdirection on any point which the jary would hare in their minds in giving a verdict for damages La this case the Court has to! decide whether these directions were so material aggto affect the minds of the jory in enmiog to their decision.
Text read from the printed page and cleaned; old type leaves the occasional error.