APPEAL COURT

Taranaki Daily News, 31 January 1918, Page 2

APPEAL COURT

JUDGES DIFFEP ''*- By Telegraph.—Press Association. Wellington, Jan. 30. The Court of Appeal delivered judgment in the case Robin v. Union Steamship Company, raising the question whether in an action against an employer by the wife or other dependent of a deceased servant through the negligence of a fellow-aervant the damages are unlimited, or whether the damages are limited to £SOO. The question turned on tho construction of section 62 of the Workers' Com'pensation Act, IMS, as amended hy sec-, tioij 13 of the Act of 1910. A claim for. £IOOO was made by plaintiff as daughter of the lato John IRobin, who died as tho result 61 an accident on the steamer Wimalca on April 2, 1917. 'Defendant issued a summons to amend tisa clam 'by reducing it to £SOO. In; 'the lotver court Mr. Justice Hoskings dismissed the summons, and the defendant now asked the Appeal Court to re-' view Mr. Justice Hoskings' decision, The Chief Justice and Mr. Justice Cooper upheld the contention that tha claim must he limited to £soo'under the Workers' Compensation Act. Justices Sir John Denniston and Mr. Ghapnron held that the claim was not .so limited. Mr. Justice 'Hoskings' decision therefore. stands. Leave to appeal wis granted.