WORKER’S CLAIM

Sun (Auckland), Volume III, Issue 669, 22 May 1929, Page 11

WORKER’S CLAIM

INJURED BY DANGEROUS MACHINE JUDGMENT FOR £251 Finding for plaintiff, with damages £251, Mr. F. K. Hunt, S.M., delivered a reserved judgment at the Magistrate’s Court yesterday afternoon in the action brought by John Lovegrove, cabinetmaker, of Morningside, against his employers. J. W. Bambury, Ltd., buildersr' of Mt. Eden. The claim was made as the result of an injury to his finger suffered when plaintiff was using what he claimed to have been a dangerous machine. T .ovc grove's total claim was for £ 300. Mr. Tuck urged on his behalf that the accident, which had occurred on September 18, 1928, had resulted from the failure of the defendant to have the machine properly guarded. Counsel suggested .that the machine, which was used lot surfacing, was known hy defendant to have been dangerous, as two similar accidents had occurred previously on it. The defence, as put forward by Mr. Sellar * was that the plaintiff had deliberately broken a definite order given hy defendant's managw not to use the In his judgment the magistrate said that there was not sufficient evidence to convince him that the order had been given before the date of the accident, though it was probably given ,lil -‘[ l find d that the machine was a dangerous one. and it was known to the SfarvLirer of the defendant company to be dangerous before September 18,” he added.