MINING ACCIDENT. AN IMPORTANT APPEAL CASE.

Te Aroha News, Volume VII, Issue 389, 31 July 1889, Page 4

MINING ACCIDENT. AN IMPORT ANT APPEAL CASE.

Auckland, August 21. An important argument of considerable interest to mining companies and persons employed in mining, was heard at the Supreme Court this morning by His Honor, Chief Justice Prendergast. The appellant Hoskings was a tributer employed in the Caledonian G.M. Company's mine, and having met with an accident while so employed, proceeded against the Company for damages for injury sustained. The case was, heard by Warden Northcroft at the Thames, and he gave judgment for the defendant Company on the ground chat there was contributory negligence on the part of the then plaintiff Hoskings. The present proceeding was an appeal against this ruling, but the point in dispute was entirely different from that upon which the W arden's decision was based. Mr Theo. Cooper, instructed by Mr C. E. Purchas (Thames), appeared for the appellant and Mr C. E. Button for the respondent. Mr Button stated that when the case was previously mentioned to His Honor it was stated that there would be two questions of law for argument, viz., (1) whether a tributer was a person employed within the meaning of the Mining Act. 1886, and (2) whether negligence on the part of the employed would be a defence. With regard to the second question, he did not intend to argue. He admitted that contributory negligence was no answer to the appeal. Consequently the only question for argument was whether a tributer was a person coming within the meaning of section 217 of the Mining Companies Act, 1886. Mr Cooper said the appeal came under the Mining Act, 1886, upon the decision of Warden Northcroft, of the H.iuraki mining district. Only one question was submitted for His Honor's decision, and that was whether the appellant was a person employed within the meaning of section 217 of the Mining Act, 1886. He argued at considerable length in support of the affirmative, contending that a tributer was, in terms of the Act, entitled to recover .from the owner for injury sustained the same as any other servant of the Company. Mr Cooper also referred to the definition of the word "owner." Mr Button stated that he would not contest tho liability of the Company if the appellants right to recover were proved. He would contend, however, that the tributers were also owners. The question before His Honor was simply whether a tributer was a person employed within the meaning of sec. 217. He understood that other questions, -viz., that there was no breach of the regulations, and also the defence of contributory negligence, would be open at tho trial. He contended that the word "employee" was used in various senses throughout the Act, that the word " tributer," according to the Act, was a lessee of either a mine or a portion of a mine ; and as to the term " owner " Mr Button argued that it must receive interpretation according to the context. Mr Cooper having replied, His Honor said he would take time to consider his decision.

Thames, August 21. May Queen. — A trial of the winding engine took place yesterday afternoon, when everything was proved to work very smoothly. Lone Hand.— Hard country has been met with in oho drive at the low level, which will now render progress somewhat slow. The reef should be to hand in another 30 feet of driving. Cambria. — Crushing is proceeding. Trenton. — A considerable stream of water is again issuing from the face of the drive at the bottom level, and consequently driving was at a standstill yesterday. The tank has now been completed and placed in position. May Queen.— A trial of the winding engine will probably take place on Friday. Saxon.— Thereof in the drive at No. 5 level on hillward side of break is still split up. Some good colours of gold were to-day seen in the leaders into which the reef is divided. A stream of water, amounting to about half a sluice head, is issuing from the old stopea over No._ 2 level and causing some slight inconvenience.

Thames, August 19. ' New Prince Imperial.— The sandstone in the winze is of a fine description for gold, there being a lot of mineral veins through it. A little gold is seen through the quartz. Buckley, tributer, has crushed twelve loads for loz Bdwt, melted gold. To-day, Connor and party will start crushing their four loads quartz and 101b picked stone. Saxon. — A portion of the reef at No. 5, and inside of No. 2 break ,has been broken down for 61b picked stone. The hangingwall portion of the reef, from which the gold came, is fully 12 inches in thickness. Cleaning up of the amalgam on hand, 6500z. , will take place to-day 7