LINESMAN'S INJURIES

Evening Post, Volume CXVI, Issue 75, 26 September 1933, Page 8

LINESMAN'S INJURIES

APPEAL TO PRIVY COUNCIL

Tho Court of Appeal today granted conditional leave to Frederick Charles Vincent, linesman, of TauraTnga, to appeal to the Privy Council from the judgment of the Court of Appeal, delivered last July, holding that by his delay in taking proceedings he had lost his right of action for damages against the Tauranga Electric Power Board. Tho case arose as a result of serious injuries received by Vincent wljile working on high-powered lines at Tc Puke. The issue raised was whether section 127 of tho Electric Power Boards Act, prescribing that all tortious actions must be brought within six months, prevented Vincent prosecuting his action with success, The Court of Appeal held that the section was an absolute bar to the plaintiff's rights, and it was in respect of this decision that leave to appeal to the Privy Council was given today.

Mr. A. B. Buxton' appeared in support of tho motion, and the interests of the Tauranga Electric Power Board Were represented by Mr. J. S. Hanna. The Court, in granting the leave sought, fixed the amount of the security at £350. Mr. Buxton said he understood that the appellant intended to apply later for leave to appeal as a pauper.