High Court Wellington
8 December 1947 15 December 1947
Callan J
8 December 1947 15 December 1947
Callan J
Negligence — Clause in Award directing Employer to provide "a properly-secured shed" for Storage of Workers' Tools — Window of Shed secured by Stops and Nails but not barred — Window forced by Burglar and Tools stolen and not recovered — Liability of Employer to Worker to provide Shed as secure as it Reasonably should have been made — Duty of Employer to have barred Window — Possibility of Loss even if Window had been barred — No Answer to Action for Negligence.
Practice — Appeals to Supreme Court — Appeal on Point of Law — Magistrate's finding of Negligence — Evidence such as would have bound Judge to leave Question of Negligence to Jury — Question of Fact — Finding not open to Review on Appeal on Point of Law — Magistrates' Courts Act, 1928, s 165.
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