LIABILITY DECIDED

Dominion, Volume 37, Issue 65, 11 December 1943, Page 5

LIABILITY DECIDED

Damages For Accident At State Flats A decision that Certified Concrete Limited should pay to John O’Leary, 51, builder’s labourer, the amount, of damages previously agreed upon in respect of an accident he met with at block 13 Dixon Street flats, last year, was made bj- the Chief Justice (Sir Aliehael Myeis) in a reserved judgment delivered this week. O’Leary bad named both Certified Concrete Limited and G. L. Wilkins, builder, Christchurch, as defendants in his claim as be did not know which, ou the day he met with bis accident, was the employer of a carpenter named Goodwin. Goodwiu was attempting to lift a piece of steel with the toe of oue of his bools, when it slipped, striking O’Leary. In bis judgment the Chief Justice stated that the question was always in the hist resort one of fact. Whether the test be merely the question of control, or whether the servant, was transferred or only the use and benefit of his work, the result in the present case must be the same, because iu the view that he took of the evidence Certified Concrete Ltd. not ouly had the control and superintendence of Goodwin iu the work that. Goodwin was doiug at the time of tbe accident, but Goodwin was transferred pro hac vice (for a specific purpose) and not merely the use and benefit of his work. There was a conflict of testimony, and in the main be accepted tbe evidence of Mr. Davies, the foreman for defendent. Wilkins, though he thought it only fair to say that the conflict, between the witnesses was probably due to a mistake or imperfect memory and not. to dishonesty. The work that, was being done in connexion with the scaffolding was purely the business of Certified Concrete Ltd. The company's foreman had the superintendence and control of the work being done by the servants lent by M ilkius, and, as be bad already said, they were transferred pro hue vice mid not merely tbe benefit "f tbeir services. It followed that, iu his opinion, Certified Concrete Ltd. was liable for the damages payable to plaintiff. Mr. A. B. Buxton represented Wilkim: and ,Mr. IV. E. Leicester, Certified Concrete Limited.