- Flynote
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Master and servant.-Workmen's Compensation Act, 1907.Trammer in charge of gang of natives.-Unprovolced assault by a native.-Injury by accident arising out of employment.
- Case summary
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Plaintiff was a trammer in a gold mine in charge of a gang of natives. He gave one of the natives certain work to do in a stope and went to anoth.er stope. On his return, the native, without provocation, assaulted the plaintiff by striking him on the head with a stone, the injuries causing plaintiff's incapacitation from work. Held, that the said injuries were caused by an accident which a rose out of and in the course of plaintiff's employment.
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