COMPENSATED.

Auckland Star, Volume LXIV, Issue 283, 30 November 1933, Page 5

COMPENSATED.

NINE WAIHI MINERS. RECENT SHAFT ACCIDENT. COURT AWARDS DAMAGES. (By Telegraph.—Own Correspondent.) "WAIHI, this day. The heaving of the claims by nine miners arising out of the accident in the Waihi Company's No. 2 shaft on July 20 was continued in the Warden's Court last evening. Mr. P. J. O'Regan, for plaintiffs, asked that the claims made bv J. H. Gordon (£1133 14/1), W. J." Taylor (£lO2l 4/11), H. W. Butler (£llO4 10/5), and R. D. Hamilton (£IO9O 5/11), totalling £4951 1/4, be adjourned until the February sitting of the Court. This was agreed to. The following five assessors were appointed to sit with the warden (Mr. F. W. Platts) in connection with all claims before the Court: —Messrs. C. A. Proule, E. Dye, J. G. Comes, J. McDermott and J. Berryman. Mr. O'Regan eaid that the proceedings were greatly simplified by arrangemerts made between counsel regarding the appointment of assessors and the fact that only medical evidence would be submitted. Liability to pay damages, he said, was admitted, and the only question for the assessors to consider was the amount of general damages.

Mr. H. P. Richmond, for the company, said his clients recognised liability for. damages in law, but were free from any suggestion of negligence, and counsel for plaintiffs had agreed to this. Experiments made in connection with the winding plant at the mine gave definite proof of the highest order, but the defendant company was unable to give any satisfactory explanation of the accident. Mr. O'Regan admitted that the machinery was in good working order, but said he relied on the fact that the defendant company was liable for negligence on the part of a fellow servant. A slight amendment was made, on the application of counsel, in connection with Arnold's claim for wages and medical expenses. Medical evidence was given bv Mr. Kenneth McKenzie and Dr. T. W." Johnston in regard to Arnold's condition. Mr. Richmond asked the assessors to be reasonable in assessing damages and to dismiss from their minds the spectacular and dramatic aspects of the accident. Mr. O'Regan submitted that the men were entitled to something additional in consequence of the pain and suffering which they had experienced. After hearing medical evidence in each ease judgment was given as follows:— J. D. Arnold, £203, with costs, £16 13/; J. T. Foils, £183 7/, with costs £11 3/; W. R. Kemp, £258 1/, with costs £19 2/; E. L. Shergold, £221 12/, with costs £19 7/G; R. W. Johnson, £205 9/0, with costs £10 9/; C. F. Thornton, £183 17/, with costs £11 3/6; F. E. Comes, £418 16/, with costs £25 3/6; H. G. Cornes, £383 8/, with costs £27 9/; L. J: Coward, £452 1/, with costs £20 15/.