MINE ACCIDENT.

Auckland Star, Volume LXV, Issue 144, 20 June 1934, Page 5

MINE ACCIDENT.

DAMAGES LIMIT. FULL COURT HEARING. ECHO OF CAGE MISHAP. i (By Telegraph.—Press Association.) WELLINGTON, this day. An echo of an accident which occurred in the Waihi gold mine on July 20 last, when a cage which was being lowered into the company's mine got out of control and plunged lf>ooft, with resultant injury to many men inside it, is occupying the attention of the Full Court to-day. John Hislop Gordon, being one of those injured, subsequently brought an action against the Waihi Goldmining

Company in the Warden's Court, under section 295 of the Mining Act, 1920, claiming £2147 11/4 damages in respect to his injuries. The accident and injury were admitted. Gordon admitted that there was no negligence by the company itself, but claimed that the negligence causing his injury was that of a fellow servant. Both parties were agreed that the company's liability was the same as though it had been proved that the accident was caused by the negligence of a fellow servant of Gordon. Damages were assessed by the Court at £1500. Upon appeal being taken to the Supreme Court, it was contended, on behalf of the company, that Gordon's right to damages was limited to £1000 by virtue of section 07 of the Workers Compensation Act, 1922. For Gordon it was contended there was no such limit, but Mr. Justice Ostler, delivering judgment on March 22 at Auckland, held that tli o company's contention was sound, and that Gordon's right to damages was limited to £1000. From this decision Gordon has appealed.