INJURIES TO HAND

Dominion, Volume 30, Issue 45, 17 November 1936, Page 16

INJURIES TO HAND

1 Youth’s Claim Fails Judgment for defendants was given by Mr. Justice Blair in the Supreme Court at Wellington yesterday in the suit, of Norman John McDonald, aged IG, against J. Gadsen and Co., Ltd., claiming damages amounting to £lOO2 12/- for injuries received while he was working in a factory at Petone. Defendants paid into court, however, the amount payable under the Workers Compensation Act (about £270). Plaintiff, who proceeded through his father, John McDonald, carpenter, was represented by Mr. C. A. L. Treadwell and Mr. 11. E. Harding. Mr. H. E. O’Leary, K.C.. with him Mr. W. D. Goodwin, appeared for defendants. The statement of claim set out that plaintiff's right hand was injured in a machine he was operating for stamping tinplate on March 12, 1935. It was alleged, that the injury was caused by the company negligently allowing the machine to get out of order or' repair. The company denied negligence, but admitted plaintiff’s claim for compensation under the Workers Compensation Act. After witnesses had been heard his Honour said that negligence had not been proved. There was evidence that neither of the two witnesses who inspected the machine six or seven months after the accident found anything wrong with it, and he believed the witness who said it had not been interfered with in the meantime and had continued to work. The condition of the machine when inspected was the same as when the accident happened. The fact of the accident was not sufficient for plaintiff’s ease.