Warner v Matthew

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Lewis. C.J.,ST. BERNARD, J.A.
• Judgment Date: 17 March 1970
• Neutral Citation: AG 1970 CA 4
• Docket Number: Civil Appeal No. 4 of 1969
• Date: 17 March 1970

Court of Appeal

Lewis, C.J.; Gordon, J.A.; St. Bernard, J.A. (Acting)

Civil Appeal No. 4 of 1969

Warner

and

Matthew

Appearances:

F.M. Lake for appellant

No appearance by respondent

Damages - Assault — Trespass.

Facts: The issue was whether the quantum of damages awarded by a trial judge was adequate. Evidence revealed that the respondent was found liable for throwing water on the appellant. The judge awarded only $5.00 damages since the appellant had no witness.

Held: The presence of a witness speaks to liability and not to damages. Damages increased to $15.00. Appeal allowed.

Lewis. C.J.

1 This is a very small case and it is unfortunate that the respondent isn't here because, quite clearly, the learned magistrate fell into error.

2 The two parties met at a standpipe and, as frequently happens, they fell into an altercation and the respondent, as the learned magistrate accepted, threw a bucket of water on the appellant, wetting her.

3 The learned magistrate gave $5.00 damages and costs. In his reasons for judgment he said he reduced the amount of damages because the plaintiff's case was not supported by a witness.

4 In the view of this Court, the absence of support by a witness would go to the question of liability and not to the question of quantum of damages, and once the magistrate had accepted the plaintiff's evidence and found the defendant...