Joll v Watson - [1953] NZLR 788

Factories — Health and Welfare of Employees — Obligation of Employee to use Means or Appliances provided by Employer under Statutory Obligation for Securing Employee's Health or Safety — Non-use by Employee of Other Appliances, not provided under Employer's Statutory Obligation, not Breach of Statutory Duty on Employee's Part — Factories Act, 1946, s 74 (1).

Practice — Trial — Misdirection — Trial Judge misdirecting Jury on Construction of Statute affecting one Issue involving Contributory Negligence and Apportionment of Damages — Substantial Wrong or Miscarriage of Justice — Total Damages found by Jury, and Same apportioned — New Trial on Ground of Misdirection limited to Question of Liability to pay Whole or Part of Damages as assessed — Code of Civil Procedure, R 277.

Negligence — Contributory Negligence — Total Damages assessed by, one Jury — Apportionment by another Jury at Second Trial not forbidden — Contributory Negligence Act, 1947, s 3 (6).