SUPREME COURT

Dominion, Volume 9, Issue 2715, 9 March 1916, Page 9

SUPREME COURT

APPEAL AGAINST LOWER COURT SEQUEL TO A WATERSIDE ACCIDENT 'An appeal from a decision "of the Magistrate's Court, in the case \of James Cowie v. the Paparoa Coal-mining Company, Ltd.,' was heard' in the Supreme Court yesterday, before His Honour Mr. Justice Hosking. Tho case camo before Mr. AY. G. ltiddeli, S.M., in August last, when tho plaintiff (Cowie), who is , a waterside worker, elaimcd £U 13s. damages from the defendant company'for injuries received on May 14, 1915, while working on the hulk Helen Denny.' The claim was greater than that allowed to a worker under tho Workers' Compensation Act in ordinary cases of accident, and the defendant" company contended that plaintiff (Cowie) could not succeed at common law unless ho -proved negligence on the part of the defendant company in employing an incompetent foreman on the work in which plaintiff was enea"ed at the time of the accident. Tho defendant company also said that plaintiff had been guilty of contributory negligence. Plaintiff (Cowie) did not rest his claim upon -the ground of tho company's negligence in employing an incompetent foreman, but upon the ground that tho foreman, had been negligent on the occasion of tho accident id not taking precautions, which had been taken on two previous occaBions. Tho Magistrate found that there had been negligence on the part of the. foreman, and held that tho plaintiffs rights were not limited at common law in-the manner suggested by the defendant company. Judgment was therefore entered for the plaintiff (Come) r the amount claimed, £ii 135.. with costs, £4 2s. -Against this decision, tho defendant company appealed yesterday on the ground that it was erroneous in C. H. Treadwell appeared for the appellant company, while Mr. P. J« O'Regan appeared for the respondent After hearing legal, argument, His Honour reserved decision. IS INTEREST RECOVERABLE?. ECHO OF A RAILWAY FATALITY. The question as to whether interest is recoverable frcftn the Crown on a judgment for damages m respect of a railway fatality was argued in the Supreme Conrt yesterday., before His Honour Mr. Justice Hosking. The matter came before the Court m the petition of Catherine Lena Broad widow, of Wanganui, t. His Maiestv the King. The suppliant was on December awarded the sum of £2343 2s. lOd. as damages for the death of ner husband, who was killed in a railway level crossing accident near Marton. The case suhseqtientlv reached the Privy Council, was finallv decided in Mrs. _ 'Broad,s favour and the amount of the judgment was paid to hor on September 7. 191 a: She now claimed the sum of *£247 3s. 4d., being interest at the.ratcof G per cent on the amount of tho judgment from December 4, 1913, until September 7, 1815. , „ Mr C. B. Collins, of Wanganui, appeared for the suppliant while the Solicitor-General (Sir. J. ■ Salmond, K.C.) appeared for the Crown. . Legal argument extended into the afternoon, His Honour reserving decision. :.