MAGISTRATE'S COURT.

Press, Volume LVII, Issue 10786, 13 October 1900, Page 5

MAGISTRATE'S COURT.

THE LIABILITY OF EMPLOYERS.

The empleyers' liability case of Hutchison v Scott was argued before R. Beetham yesterday. Mr Kippenberger appeared for the plaintiff, and Air Harper for the defendant. Mr Harper contended that the action must be brought either under the Employers' Liability Act or at common law. Mr Kippenberger stated that he considered that he could recover damages under either. Mr Harper said that Mr Scott had employed a thoroughly competent man to build the scaffold. The stay against which it was alleged the bucket had swung had been in a perfectly proper position, aud had the bucket been pulled up carefully and steadily, no accident could have taken place. As to the question of the hook, he thought the evidence clearly established the fact that eye hooks had been in use, and there could b< no doubt that such hooks were perfectly safe if properly used. The accident was solely owing to a piece of carelessness on the part of Strange, a competent man usually. The only complaint about the stay bad been that it was in the way when the buckets were pulled in. Damages could not be recovered unless it could be shown that th* appliances used were defective, or that an incompetent man had been employed. With regard to the injuries received, Hutchison had not been laid up for any length of time, and had been put to no expense. Hβ had made no complaint about deafness until a long time after the accident, and had brought no proof of his previous ability to work at any great height. Mr Kippenberger said that there could be no doubt that a sudden severe blow such as had been received by the plaintiff would have a very shaking effect upon a man's nerves. Then the consciousness of his hearing being affected would increase the nervousness.

Mr Beetham said that all he was prepared to give Hutchison was £10 and costs, so that time would be saved by settling the case without further discussion. Counsel

agreed to this, and judgment was given for the plaintiff for £10. and costs £6 17s.

lyttelton;

At Lyttelton yesterday Captain Marciel, J.P., fined Richard Hansen 5s for drunkenness, and convicted and discharged a first offender.