A WATERSIDE FATALITY

Dominion, Volume 13, Issue 121, 16 February 1920, Page 7

A WATERSIDE FATALITY

UNION COMPANY APPEAL DISMISSED. London, February 12. Tho case of tho Union Steam Ship Company of New Zealand v. Robin was dismissed with costs by the Privy Coun-cil.—Aus.-N.Z. Cable Assn. [TJhis was a case in which a man named John Robin died of injuries received while discharging coal from ono of tho Union Company's steamers, and an action was brought by n dependant of the deceased to Tccover ,£IOOO damages under the Death by Accidents Act. 1!)08, on tho ground that the accident was due to the negligence of the company's foreman. It was hold by the Supreme Court and Hie Appeal Court of New Zealand that the right to recovcr damages conferred upon dependants l>y the Deaths by Accidents Compensation Act, 1908, was distinct from any right of action which the deceased possessed and was based on different principles. Where an accident was tho result of the negligence of n fellow servant the damages recoverable by deceased's dependants were not subject to the limit of ,£SOO. Their Honours Justice Clmnman, Justice Denniston, and Justice Hosking held the a'bove opinion, and the Chief Justice (Sir Robert Stout) and Mr. Justice Cooper dissented. It. was against this decision that the Union Company appealed.!