AN IMPORTANT DECISION.
CLAIM FOB COMPENSATION. (By Telegraph. - Press Association.) WELLINGTON. This Day. Mr Justice Salmoml has delivered judgment in the case of E. M. Birss v. the King, in which a special case had been stated under the code of civil procedure. The suppliant claims damages from the Crown under the Death by Accident Compensation Act 1908 for the death of her son Charles William Birss. Deceased was a member of a party of co-operative workers who made a contract with the Public Works Department for the construction of a tunnel in connection with tlio Mangahao hydro electric works. On July 3rd he, along with several other members of the party, met their deaths by inhaling noxious gases, which the suppliant alleged had been allowed to accumulate by the negligence of the Government servant who was charged with the duty of ventilating the tunnel. The judgment holds that co-opera-tive workers were not servants of the Crown hut independent contractors. After dealing at much length with law points involved. Mr Justice Balmont! held that the Crown was under no obligation to a relative of the deceased under the Death by Accident Compensation Act. and he therefore dismissed the petition with costs according to scale.
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Bibliographic details
Waipa Post, Volume XXIV, Issue 1399, 31 May 1923, Page 8
Word Count
204AN IMPORTANT DECISION. Waipa Post, Volume XXIV, Issue 1399, 31 May 1923, Page 8
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