SUPREME COURT.

Taranaki Daily News, 31 August 1921, Page 6

SUPREME COURT.

COMPENSATION CASES. By Telegraph —Press Association. Wanganui, August 29. At the Supreme Court the jury today gave judgment in a case in which Charles Gibbons claimed £592 from Warpole and Patterson, building contractors, for injuries alleged to have been received as the result of an accident due to the collapse of scaffolding. Plaintiff alleged that a piece matai timber had been used, and that it broke when the extra weight of a big rafter came on to it. The defence denied that there had been any negligence in erecting the scaffolding, or that any matai bad been used.

The jury awarded £270 compensation in addition to the amount paid under the Workers’ Compensation Act. Auckland, August 30.

The Supreme Court heard a claim for £2OOO compensation by the widow of George Black, who was killed during shunting operations as Frankton Junction 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 work. The department contended that Black was guilty of contributory negligence and that in any case he accepted the risk involved in shunting. After hearing the evidence, Mr. Justice Stringer said he was not satisfied that the ground for action had been established. Black voluntarily took the risk, though lie was an inexperienced man, and could have said he did not want shunting because he was not competent. in which case there was no other work for him. Plaintiff was formally non-suited and the jury discharged. His Honor said he would adjourn the case to Hamilton, so that the question of the non-suit could be further argued before him there. In the event of the non-suit point being sustained plaintiff could move to get £750 under the Workers* Compensation AcJ.