CLAM FDR DAMAGES.

Rangitikei Advocate and Manawatu Argus, Volume XLII, Issue 11449, 31 January 1918, Page 4

CLAM FDR DAMAGES.

QUESTION FOR LIMITATION.

”' u ! (Per Pres* Association.)

Wellington, Jan. 30. The Court of Appeal has delivered judgment in the case of Robin v. Union Steamship Company on a point raising the question, whether in an action against an employer by a wife or other dependant of a decossed servant, whose death is caused through the negligence of a fellow servant, damages are .unlimited, or whether damages are limited to £6OO. The question turned on construction of section 63 of the Workers’ Compensation Act. 1908, as amended by section 18 of the Act of 1911. The claim was for £IOOO by .plaintiff, as the daughter of the late John Robin, who died as the result of an accident on the steamer Wanaka on April 3, 1917. .Defendant . issued a summons to amend the claim by reducing it to £SOO. In the Lower Court Mr Justice Hoskiug dismissed the summons and defendant now asked the Appeal Court to review Mr Justice Hosking’s decision. The Chief Justice and Mr Justice Cooper upheld the contention that the claim must be limited to £SOO under the Workers’ rompeusiition Act. Justices Dennison and Olvipman held that the claim is not so limited. Mr Justice Hosking’s decision therefore stands. Leave to appeal from the present decision was granted.