A SHUNTER’S DEATH

Dominion, Volume 14, Issue 288, 31 August 1921, Page 6

A SHUNTER’S DEATH

WIDOW CLAIMS COMPENSATION. By Telegraph—Press Association. Auckland, August 30. Tho Supreme Court heard a claim for £2OOO compensation by the widow of George Black, who was killed during shunting operations at FranktonJunction in May, 1920. Plaintiff’s case was that the accident occurred through deceased's inexperience in shunting, and that the Department was at fault in engaging Black for that particular worr. Tho Department contended that Black was guilty of contributory negligence; and that in any case he accepted the risk involved in shunting. After hearing evidence, Mr. Justice Stringer said that he was not satisfied that a ground for action had been established. Black voluntarily took a risk, though he was an inexperienced man. He could have eaid that he did not want shunting, because he was not competent, in which case there was no other work for him. Plaintiff was formally nonsuited and the jury discharged. His Honour said he would adjourn the case to Hamilton, so that the question of a nonsuit could be further argued before him there. In the event of the nonsuit point being sustained, plaintiff could move to get £ 7 50 damages under the Workers’ Compensation Act.