A SAWAIILL ACCIDENT.

Dominion, Volume 5, Issue 1454, 31 May 1912, Page 5

A SAWAIILL ACCIDENT.

CONTRIBUTORY NEGLIGENCE ALLEGED. ißy Telegraph —Press Association.) Palmcrston North, Slay :;0. Tlio Supreme Court unci a jury of twelvu were engaged all day with the ease of V,"alter Hatc-li against the Powell Process Company, Itnngntami. Plaintiff was engaged on October 13 last at. the defendant enmpany's sawmill, cutting waste timber into lengths with a twin;; saw as the timber came from the saw bench. While doing so, the saw swung against him, causing a wound in the pit of the stomach, from the effects of which the plaintiff was disabled for life. P'.'iir;tilF alleged tliat Hie defendant, was guilty of negligence in- failing tn place a curb chain on the saw to prevent it from swinging too far. The defendant company denied 'negligence, ami pleaded that' Iho defendant was guilty of contributory negligence, and also that lie had voluntarily taken the risk of injury. Lengthy medical evidence was taken, the effect of which was to show that the plaintiff had been seriously injured. The Inspector of Machinery gava evidence that he had ordered 'safeguards for the swing saw, but thai; Hiss had not been done- till after the accident. Evidence was tendered by defendant company to show that r curb chain was not necessary. The jury liad retired an hour when they returned for further directions, arid counsel then consented to take a three-fourths majority verdict. After a further lengthy retirement, the jury found thai: the company had been guilty of negligence, in not chaining tho saw; that plaintiff had not been gulily of contributory negligence, but that ho had voluntarily taken tho risk of injury. The damages were assessed at ,£3OO. ' Mr. l-'itzlierbert moved for iudgment for defendant, on the ground ill at the jury's finding that plaintiff had voluntarily incurred risk amounted to a verdict for defendant. After further argument tho case was adjourned.