ACTION FOR DAMAGES.

Otago Witness, Issue 3334, 6 February 1918, Page 25

ACTION FOR DAMAGES.

QUESTION OF LIMITATION. WELLINGTON, January 30. The Court oi Appeal to-day delivered judgment m tiie ease of Robins v. the union steam !snip Company, raising tho yucst.on whether, in an action .against an employer by a wife or other dependent of a deceased servant, through the negligence of a fellow-servant, damages are uui.niited, or whether damages are limited to £SOO. The question turned on tho construction of section 62 of ''The Workers Compensation Act, 1908/' as amended by section 13 of the Act ot 1911. Ihe claim was lor £IOOO by plaintiff, as daughter of the late John Robins, who died as the result of an accident on a steamer on April 2, 1917. The defendants issued a summons to amend the claim by reducing the amount to £SOO. In the lower court Mr Justice Hosking dismissed the summons, and the defendants now asked the Appeal Court to review Mr Justice Hosking's decision. The Chief Justice and Mr Just:oe. Ooormr upheld the contention that tho claim must be limited to £SOO under tho Workers' Compensation Act. Mr Justice Denniston and Mr Justice Chapman hold that the claim was not so limited. Mr Justice Hosking's decision therefore sl&nda Leave to appeal was granted.