£1734 DAMAGES

Dominion, Volume 37, Issue 116, 11 February 1944, Page 3

£1734 DAMAGES

Injury To Left Hand

Damages totalling £1734/9/- were awarded by a jury in the-Supreme Court, Wellington, yesterday, to John Matthew Milne, tanner, of Wellington, on a claim for damages suffered through an accident which resulted in the loss of three fingers of his left hand. Plaintiff had'claimed £1926/5/- from the Dominion Fur Dressing and Dyeing Co., Ltd. . Plaintiff, according to his own statement, while working for the company on .September 24, 1943, and putting sheepskins through a cropping machine, lost his balance, his left hand coming into contact with the knives of the machine. Three fingers were severed and the fourth injured. Plaintiff claimed that the accident was due to the negligence of the company in allowing a machine to be operated Which was defective in that he was required to ■ direct, the course of a sheepskin through the machine with the left hand while stooping to pull the skin out from underneath the machine with the right hand. His claim included £165 10/- for loss of earnings at £5/10/- a week, £l4/9/- for -hospital-and medical expenses, and £1750 general damages. 'The machine at which the accident happened has revolving knives, like those of a lawnmower, the skins being carried in front of them on a broad belt and emerg-ing-underneath. For the defence it was contended that plaintiff himself was responsible for the accident in that he failed to use the guard with which the machine was equipped, altered without, authority the material of the feeding belt, and substituted unsuitable material which caused the -belt to jam, adjusted or attempted to move the substituted material without, the protection of the guard, and failed to use reasonable care for his own safety. The company declared it had always been willing to recognize any claim plaintiff might have by virtue of the Workers’ Compensation Aet. The hearing began on Wednesday and finished yesterday. After a retirement of three hours, including lunch, the jury found for plaintiff, fixing special damages nt £lO9/9/-. and general damages at £1625. . Judgment for plaintiff was entered.

Mr. Justice Smith was on the Bench. Dr. O. C. Mazengarb appeared for plaintiff, and Mr. IV. E. Leicester, with him Sir. T. P. Cleary, for defendant company.