Hibberds Foundry Limited v Hardy - [1953] NZLR 14

Negligence — Master and Servant — Unsafe System of Work — Employee operating Sandmill — Oil emitted on to Employee's Back from Unfenced Cog-wheel Six Feet from Ground — Employee cleaning Wheel in Motion when Hand crushed — Alleged Breach of Employer's Statutory Duty — Test of Reasonable Foreseeability applicable thereto — Breach of Master's Common-law Duty — Inspection of Machinery Act, 1928, s 16.

Negligence — Contributory Negligence — Jury's Apportionment of Damages — New Trial applied for on Ground that Such Apportionment against Weight of Evidence — Principles applicable — Contributory Negligence Act, 1947, s 3 (1) — Code of Civil Procedure, R 276 (i).