KAYE V. WESTPORT HARBOUR BOARD

Nelson Evening Mail, 26 May 1916, Page 2

KAYE V. WESTPORT HARBOUR BOARD

DAMAGES REDfUiOETX

(Unhid Pbess Association.) I WELLINGTON, May 25. The reserved judgment of Mr Justice Denniston in the case of Joseph Kaye. against the Westport Harbour Board was (filed with the Registrar of the Supreme 'Court to-day. The plaintiff, who was a blacksmith and tool-sharpener in- the defendant board's- employment, was injured last August in a tunnel then in course of construction by the board at 'Cape Foulwind. He was in the act of going throught the tunnel to pick up tools when a quantity of loose, rock fell from overhead and so injured his left leg that it had to be amputated below the knee. The plaintiff claimed £IOOO damages from the board, on the ground that the accident was due to the failure of its foreman to comply with the provisions of the Stone Quarries Act, 1910. The case was heard at Nelson before •Mr Justice Denniston and. a- special jury in March, when the jury returned a verdict- for the plaintiff for £750 damages at common law. A.servant cannot recover damages for injuries caused by reason of the negligence of a fellow-servant, but that rule !s abrogated hv section 62 of the Workers' Act, 1908. The section," however. expi-ess.lv limits the amount of damages to £SOO. When the verdict was returned, therefore, counsel for the Harbour Board maintained that there must be a new trial, or, in the alternative, that the verdict should be reduced to £SOO, The point was reserved and argument thereon was he.d before Mr Justice Benniston at Wellington Mr C. H. Treadwell, for the defendant board, contended that it was clear that the case was governed by section 62 of the Workers' Compensation Act, while, on behalf of the\ pUontiff, Air P J O'Recran contended that the section did not "touch the case at all • inasmuch as the negligence of the board was a breach of a, statutory duty. Mr Justice Denniston's judgment held that the limitation imposed by section &> of the Workers' Compensation Act aoolied in this instance, and he gave fu P dg m ent accordingly for £SOO, with costs according to scale.