In a decision given in the United States Court for China on August 4, Judge Milton J, Helmick dismissed the complaint of 'Mrs, Nadaja Stepanovna' Maximenko" against the Shanghai Power Company. for damages of US. $10,000 for alleged negligenee on the part of the company a regard to the death of her hus ind, who was electrocuted on 13, 1985 while in the Company's employ as an overhead helper jin the overhead line section, While dismissing the complaint and exonerating the Shanghai" Power Company of any negligence in respect to the man's death, Judge Helmick expressed' the hope that. the Company would, nevertheless, volun-{arily make for the widow and child payment larger' than it formerly offered by way of a self-Imposed compensation allowance, In his judgment, Judge Helmick made an important' reference to the question of compensation in. Shanghhal and declared that although the application of compensation acts this urludetlon ie "very dimeult ne 0 it, may mot be Impos-through "reasonable construction and elimination of unsuitable portions to preserve the substance of the law in some fair and workable Jaystem which would be veleomed by both employers and employees." Ho pointed out that it would be erroneous to apply the Workmen's Conipen: sations Act in this ease but he stated that the discussion simply Indicated disposition to study the question for consideration in some future ease Properly arise.
Judge Helmicke described the circumstances of the man's death a then dealt with the allegations negligence. He said:
1 charges of negligence not very specific, Most of the many on behalf of plaintiff consisted of sweeping criticisms of the defend: ant's equipment, appliances methods, which were said not to conform to American standards, Almost every physical object and every procedure concerned with the two poles were decried. "It is difeult for the Court to see the relevancy of much of this criticism to the actual electrocution of Maximenko, The Court gathers from the lengthy discussion of experts that. the physical equ Ment and procedural methods of the [defendant are combinations of Ameri-fan, British and local products and practices. Perhaps they might be improved upon, but the Court cannot find "in them "anything. negligent which caused the death of the deceased.
Text read from the printed page and cleaned; old type leaves the occasional error.