FATAL ACCIDENT AT WAITAKI

Press, Volume LXIX, Issue 21034, 9 December 1933, Page 7

FATAL ACCIDENT AT WAITAKI

WIDOW'S APPEAL UPHELD tPRF-38 ASSOCIATION TZLEG RA.U.) WELLINGTON, December 8. The Court of Appeal delivered judgment to-day in a case in which the point was raised whether persons working under co-operative contract with the Government were servants of the Government or independent contractors. The appeal arose out of a decision of Mr Justice Kennedy in a case in which Minnie Solomon, widow, Timaru, sought to recover £2OOO damages from the Crown after the death of her husband, who was killed by accident at) the Waitaki hydro-electric works on May 20, 1932. The court gave judgment in favour of appellant, allowing the appeal with costs in the Court of Appeal and in the Supreme Court. . The Chief Justice, in a long judgment, said that the task of the court was to construe the agreement which had been executed between the parties and he himself was satisfied that the agreement was one for service and that the men were servants and not independent contractors. Mr Justice Ostler and Mr Justice Smith, in independent judgments, also held appellant to be the servant, but Mr Justice MacGrcgor differed from the other members of the court and upheld the judgment of Mr Justice Kennedy, which had been appealed from. [Minnie Solomon, a widow, of Timaru, instituted proceedings claiming £2OOO damages from the Crown, alleging that the death of her husband by accident at the Waitaki hydro-electric works was due to the negligence of a fellow-worker in the party to which Solomon belonged. Though a jury awarded £I4OO damages, Mr Justice Kennedy held thaii the party which Solomon belonged to consisted of independent contractors, and that the Crown was therefore not liable, hence the verdict could not stand. The widow appealed from this decision.]