Hocking v Bell

Stella Eileen Hocking sued Dr. George Bell, a surgeon, for negligence following a thyroidectomy operation. The plaintiff alleged that a piece of a drainage tube was left in her neck, causing severe illness and pain until it was expelled eighteen months later. The case had a lengthy history, involving four trials before a judge and jury in New South Wales. The jury initially found for the plaintiff, awarding her £500 in damages, but this was set aside by the Full Court of the Supreme Court. Subsequent trials resulted in hung juries, but the fourth trial resulted in a £800 verdict for the plaintiff, which was again set aside by the Supreme Court, leading to an appeal to the High Court. The High Court dismissed the appeal, but the plaintiff appealed to the Privy Council. The central legal issue was whether the evidence supported the jury's verdict in favour of the plaintiff. The Privy Council held that the jury's verdict could not be considered against the weight of evidence, and there was sufficient evidence to support their findings. The Privy Council allowed the appeal, reversed the decision of the High Court, and entered judgment for the plaintiff for £800 with costs.