GOODMAN MOSHIE vs. KWAKU

JUDGMENT OF ATTOH J. In this case the plaintiff claims damages (general and special) for injuries he suffered while operating a machine in the course of the employment by the defendant. The plaintiff alleged that under the Factories Ordinance, 1952,1 and the regulations made thereunder the defendant failed to provide adequate protection to a circular saw in his workshop or factory and through the defendant’s negligence under the Ordinance and at common law he suffered injuries which led to the amputation of his left thumb. The evidence on the whole case is meagre indeed. The plaintiff said that while operating the circular saw on 24 April 1964 in the defendant’s factory, the saw which was not properly fixed got bent to one side and his left hand was caught in it and the left thumb was cut, leaving a bit of flesh holding it. He was attended to by the plaintiff’s first witness at Kumasi Central Hospital and although attempts were made to save his thumb it was ultimately amputat...