REGULATION BROKEN
Compensation Claim Fails
MINING ACCIDENT By Telegraph—Press Association. Westport, June 8. A workers’ compensation case, Hinde v. the Westport-Stockton Coal Mining Co., decided in the Court of Arbitration to-day, is believed to be the first of its kind to come up for judicial consideration in this country. The facts were that plaintiff received a serious and permanent injury—namely, the loss of his left arm—as a result of falling when he alighted from a rake of trucks provided-by the defendant company for the purpose of conveying men to and from work. It was admitted the men were within the protection of the Workers’ Compensation Act while being so conveyed. The 'defendant company denied that plaintiff was entitled to succeed for the reason that he committed a breach of regulation 167 gazetted pursuant to the authority of the Coal Mines Act, 1923, which forbids men to board or alight from workers’ trains or to ride on the buffers thereof, while in motion. After hearing the evidence of witnesses and the legal argument of Mr. P. J. O'Regan (for plaintiff) and to Mr. F. Tracy (for the defendant company), the court held that there had been a breach of the regulations and dismissed the claim.
The company did not ask for costs.
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Bibliographic details
Dominion, Volume 24, Issue 216, 9 June 1931, Page 11
Word Count
211REGULATION BROKEN Dominion, Volume 24, Issue 216, 9 June 1931, Page 11
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