AWARD TO WORKER
“SUFFICIENT COMPENSATION” COURT OF APPEAL HEARING Press Association WELLINGTON, Friday. The Court of Appeal, consisting of Justices Herdman, Ostler, MacGregor and Kennedy, is hearing an appeal by Arrol and Company, from the judgment of Mr. Justice Smith, delivered in June last, awarding damages to Robert Davies, of Johnsonville, a metal workers’ assistant. Davies claimed damages for an injury during the construction of the new railway workshops at Petone. Mr. Justice Simth held the company guilty of negligence and awarded £ 569 19s 8d damages. In the course of his judgment he said: —“Counsel for the defendant has submitted that the Workers’ Compensation Act schedule is a sufficient measure of the damage involved. In do not accept this view when negligence is actually proved against the employer. The measure of compensation provided by the Workers’ Compensation Act is not, in my opinion, sufficient compensation for the injury.” The company now appeals on the grounds that this judgment is erroneous in fact and law. After hearing lengthy argument from counsel on the question of whether there had been negligence on the part of the company or contributory negligence by th€f worker, and the contention that the Court of Appeal could not disturb findings of fact, the hearing was adjourned till Monday.
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Bibliographic details
Sun (Auckland), Volume II, Issue 614, 16 March 1929, Page 5
Word Count
211AWARD TO WORKER Sun (Auckland), Volume II, Issue 614, 16 March 1929, Page 5
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