Carter v Crown Mines Ltd [1911] ZATPD 53 (26 April 1911)

Master and Servant - Workmen's Compensation - lncapacity capable of Removal by Practice in Hazardous Occupation - Reasonableness - Act 36 of 1907, sec.17 (b) - Statement of Case by Magistrate under Act 11 of 1910, sec.4

A workman, injured in the course of his employment, does not act unreasonably in refusing to resume work when, owing to the injury, such work must be specially hazardous to him for a period of twelve rnonths; and, accordingly, he is entitled to compensation for permanent partial incapacitation, under sec.17(b) of Act 36 of 1907.

When a Magistrate is requested to reserve a point of law for the opinion of the Court, under Act 11 of 1910, sec.4, if he reserve any point, he must reserve the point he is requested to reserve, and no other.