SEQUEL TO MINING ACCIDENT

Evening Star, Issue 21751, 20 June 1934, Page 12

SEQUEL TO MINING ACCIDENT

A CLAIM FOR DAMAGES CASE BEFORE THE APPEAL COURT [Per United Press Association.] WELLINGTON, June 20. An echo of an accident which occurred at the Waihi gold mine 1 on July 26 last when a cage which was being lowered into the company’s mine got out of control and plunged some 1,500 ft, with resultant injury to many men inside it, is occupying the attention of the Full Court to-day. John Hislop Gordon, being one of those injured, subsequently brought an action against the Waihi Gold Mining Company in the Warden’s Court, under section 293 of the Mining Act, 1926, claiming £2,147 11s 4d for damages m respect* to his injuries. ■ The accident and injury were admitted. Gordon also admitted that there was no negligence by the company itself, but that the negligence causing his injury was that of a fellow servant. Both parties were agreed that the company s liability was the same as though it had been proved that the accident was caused by the negligence of a fellowservant of Gordon. Damages were assessed by the court at £l,ooo. Upon an appeal being taken to the Supreme Court, it was contended on behalf of- the company that Gordon s right to damages was limited to £I,OOO by virtue of section 67 of the Workers Compensation Act, 1922. For Gordon it was contended that there was no such limit, bat Mr Justice Ostler, in delivering judgment on March 22 at Auckland, held that tire company’s contention was sound, and that Gordon’s right to damages was limited to £I,OOO. From this decision Gordon has appealed.