MASTERS AND SERVANTS.

Marlborough Express, Volume XXXIV, Issue 135, 11 June 1900, Page 1

MASTERS AND SERVANTS.

AN IMPORTANT LAW POINT. lOHITEfI ?U£S ABBOOIiaiON.] Wellington, Juno 10. Mr Fraser MeLsod, formerly locomotive driver m the employ of the Wellington-Manawatu Bail way Company, is Eiriog the Company for £2000, damages, alleged to have been caused, by a piece of material falling from the roof of a tunnel and injuring him to the extent that the loss of the bight of one eye is threatening. The case is to be heard on Wednesday, but certain law points of interest were argued before the Chief Justice. The question which arises is substantially whether m common law a remedy by a servant against his master tor injury sustained still subsists, or is superseded by the statutory remedy conferred by the Employers Liability Act of 1882. For the defence it was contended that the Employers Liability Act was a code which was intended to ezi clueively regulate the rights cf servants and liabilities of employers for iD juries received by their servants, and if a servant could bring himself within the provisions of that Act his common law remedy was gone. If, I however, the Court should think that the common law liability still subsisted, then it ought to order that the common law cause of action should be separated from, and tried separately from, the cause of action under the Employers Liability Act. His Honor held that on the authority of the text book writers and the decisions of Courts of England and Scotland, a workman had not lost his common law right of action against his master or employers. The Liability Act was not intended to supersede remedies which workmen had against a master, but simply to destroy certain defences which the master formerly had. As to the question of Eepnrating the causes of action on the ground that they could not be conveniently joiuei together, His Honor was of opinion that nothing had b9on adduced to chow why they Bhould bj separated.