The Star. MONDAY, JUNE.23, 1890. Injury from Machinery.

Star (Christchurch), Issue 6886, 23 June 1890, Page 2

The Star. MONDAY, JUNE.23, 1890. Injury from Machinery.

A case tried on June 17 before hiß Honor Mr Justice Denniston and a Special Jury, has called attention to the liability of owners of machinery to be called upon to pay compensation to their workmen for injuries caused by such machinery. The case itself is still undecided, although the Jury have returned their verdict, for certain law point 9 have yet to be argued. We have no intention, therefore, to allude in any manner to its merits. Our object at present is to remind those who use machinery in their business of the necessity they are under of exercising the greatest care in its management. Of course, with machinery the danger of injury is for the most part confined to those persons who are engaged in working it. It ia well for employers to know that in the " Employers' Liability Act" is the following section :— "Where personal injury iB caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery or plant, connected with or used in the business of the employer; or (2) By reason of the negligence of any person in the Bervice of the employer, who has any superintendence intrusted to him, whilst in the exercise of that superintendence; or (3) By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform, where Buch injury resulted from Mb having so conformed; or (4) by reason of the act or omission of any person in the service of the employer done or made in obedience to the rules or by-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf; or (5) by reason of the negligence of any person in the service of the employer who has the charge or control of any signal point, locomotive engine, or train upon a railway, the workman, or, in case the injury results in death, the legal personal representatives of the workman, and any persona entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of, nor in the service of, the employer, nor engaged in his work." Ifc is, however, necessary that the negligence of the employer, or his overseer, should be proved, as also that there should have been no contributory negligence on the part of the workman injured. Under the Inspection of Machinery Act also, every fly-wheel directly connected with the steam engine, &0., near to which children or young persons are liable to pass must be securely fenced, &c, under a penalty of JG2O. Under a Bimilar penalty, no machinery worked by steam, and no boiler, can be left in charge of any person but a male of at least eighteen years of age. A similar penalty can be

inflicted for tho allowing of a young persoit under the age of fifteen to clean any part | of the gearinp of machinery while in motion. The responsibility of the owners o£ machinery is by no means small, and very properly is this the case, for experience teaches that the loss of life or limb is too frequently the penalty Buffered by one person for the carelessness of another.