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Lloyd's Law Reports

UNSWORTH v. ELDER DEMPSTER LINES, LTD.

(1940) 66 Ll.L.Rep. 1

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice MacKinnon and Lord Justice Goddard.

Workmen's compensation-Election-Accident sustained by plaintiff dock labourer while working in defendants' motor vessel Accra-Plaintiff incapacitated -Compensation paid by defendants -Legal advice taken by plaintiff -Claim brought at common law - Alleged breach of statutory duty - Further payments by defendants receipted by plaintiff "without prejudice" -Contention by defendants that plaintiff had elected to accept payments under Workmen's Compensation Act and that he was therefore precluded from bringing his action at common law-Damages-Recovery of sums paid-Workmen's Compensation Act, 1925, Sect. 29 (1).

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