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Jackson v De Havilland Aircraft Company of New Zealand Limited - [1945] NZLR 250

$30.00

Court of Appeal Wellington
26, 28, 29 September; 2 October; 14 December 1944
Sir Michael Myers CJ, Blair J, Kennedy J, Callan J, Finlay J
Inspection of Machinery — "Persons . . . in the vicinity" of Machinery, moving Parts of which insufficiently guarded — Phrase not limited to Workers, but includes and is limited to Persons rightfully in such Vicinity but not Trespassers — Right of Action conferred upon any such "Person" injured by Breach of Duty so to "Guard" — Whether such Right of Action lost by Contributory Negligence of Person injured — Machine under Test and before being passed as fit for its Purpose — Whether "Machinery" within Purview of Statute — Inspection of Machinery Act, 1928, ss 2, 16, 68.

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