Dickson v Kamo Collieries Limited - [1948] NZLR 397

Mines, Minerals, and Quarries — Coal-mines — Civil Remedies available in Case of Injury or Death of Person Employed in Coal-mine — Obligation of Coal-mine Owner to make Roof and Sides of. Working-place secure, absolute and unqualified, independent of Negligence and of Inevitable Accident — Alternative Remedies available to Worker — Onus of Proof of his Knowledge thereof — Defences Available — "Prefers to proceed" — Coal-mines Act, 1925, ss 116, 117, 147.

Practice — Pleadings — Coal-mines — Action claiming Damages for Death or Bodily Injury caused in Coal-mine — Acceptance of Payments of Workers' Compensation — Whether such Acceptance an Election to proceed under Act other than Coal-mines Act, 1925, and so a Bar to Action under that Statute — Such Defence to be pleaded — Question of Fact for Trial by Jury — Action framed as Commonlaw Action outside Coal-mines Act, 1925 — Plaintiff's Counsel disclaiming Right of Action under that Statute — No such Issue put to Jury — Defendant entitled to amend Pleading to raise such Defence — New Trial restricted to such Issue — Coalmines Act, 1925, s 147 (4).