RIVETER’S FALL

Sun (Auckland), Volume 1, Issue 56, 28 May 1927, Page 15

RIVETER’S FALL

“HE TOOK THE RISK” DAMAGES NOT ALLOWED “TI7HEN he walked upon the joists suppliant knew well the risk he was taking. He had no business to be where he was, but he chose to run into danger and when he fell and suffered injury he did a foolhardy thing and was himself the author of his own misfortune," said his Honour Mr. Justice Herdman in giving judgment aghinst the plaintiff, Sydney Hamilton Hollis, a blacksmith in the employ of the Public Works Department, yesterday morning. The action was one in which plaintiff proceeded against the Public Works Department for the sum of £ 847 damages for injuries alleged to have been received in a fall from the Ohura. River Bridge at Toi Toi on April 16. 1926, on which bridge he was employed as a riveter. He claimed that through negligence on the part of the servants of the department he was precipitated to the ground, a distance of some 30 feet.

His Honour said the claim of negligence had not succeeded and judgment was accordingly entered for defendants with the usual scale of costs, and an allowance for the second day of £ls 15s.

His Honour said that suppliant was entitled to compensation under “The Workers’ Compensation Act," the amount of which he would fix if counsel were unable to agree.