AN ACTION FOR DAMAGES.

Press, Volume LX, Issue 11482, 15 January 1903, Page 2

AN ACTION FOR DAMAGES.

A LYTTELTON CASE,

Before Mr R. Beotham, S.M-, ytst&rday at Lyt-telton, Henry James Bennett «ued the Weetport Coal Company for £200 for damages arising from an accident on April 16th, 1902, a* LytteKon, connected with the unloading of the hulk Marie. Mr Bruges called the plaintiff, H. J. Bennett, who depoeed that he was a master mariner. For some time he had been a wharf labourer. Hβ was working for ti*» Railway Department on April loch. He was tipping coal into the trucks, tipping the baskets as they came into the trucks. He was with another man. Between 4 and 4.30 p.m. the accident happened. Tne coal was screened on the hulk, then shot out into baskete, which were hoisted up and swung on to the truck. When the basket is emptied it is got out of the way as quiddy as possible. His mate,, was Christian Christiansen. As he (witness) was emptying a basket, .another came up and struck the basket he had in his hand, and knocked him right out on to the railway line—basket and all. There was more work for the truck than any two men could i!t>. It wae dead low water, and the derrick gear is too Jow at low water. Witness had asked tibe company frequently to get the gear raised to make the work easier. The manager said he would get it done, but it was not. Half an hour before witness v as knocked out his mate was nearly hurt, and witness told the man at the lever to be careful \rhafc he was doing, that he would have someone knocked out of the tt'uck. He mentioned- this several times. The ordinary lever man was not there at the time of the accident. Witness could not nave avoided the accident. He was' in terrible pain, and blood was running all down his neck and back when he recovered consciousness. He was confined to hie bed for three months, and had gradually been getting better since. He wafl not fit for work. He could not now lift 1 owt, but could lilt 5 cwt before the accident. The haekets of coal weighed from 3to "4 cwt. He had not been able to earn a penny since the accident. The manager of the company, Mr Ronson, came to see him in bed, and asked witness to make a claim and he would try to settle it.

To Mr Kippenberger (who appeared for the defence)— Through the accident his eyee were so affected that he oould not go as master of a ship. Hβ got his certificate five years ago. Hβ lost has little schooner. He had been to sea as master and owner for thirty years before that. They had frequently done four trucks an hour—never e«x trucks. They were doing four to five trucks at the time of the accident. He did not blame the winch man, but blamed the lever man for not looking out. He had blamed O'Connor, before the action was taken, for nob looking out. O'Connor had been working there for eighteen months. Witness had had an accident before when working at the Monowai. Two basket* cleared him out of a truck. Every man working on the railway is insured for six months. Had he been twenty yeans younger he could not have avoided the basket. The work was always rushed at the end. The Railway Department expected the men to do the work. If they jumped out of a truck they would not be employed. He had emashed his right land come time ago in saving a man from being struck by a piece of iron. Dr. Painnan attended witness during his illness for nearly four months. Dr. Orchard came with Dr. Painnan about three months after the accident, and had seen him once since. Witness might do light work. Older men than witness did the coal work.

Andrew Christiansen, James Isherwood, Rod Schenkel, Joseph Butledge, William Sutton, Henry WaneteU, and Joseph O'Hallaran gavo evidence &c to the usual manner of discharging coal from the ihulk into railway tracks. Dr. Orchard deposed that he bad attended the plaintiff on August 20 th. Hβ found wounds on the head, stiffness of the back, pain in the kit shoulder and in the back. There was no sign of bruising. Hie general (health was fair, but the pain waa in all probability the result of an accident. About four months ago witness examined 'Mm, and he complained of pain in the back and stiffness*

Mr Kipjjenibarger, for the defence, called Andrew berry, who waa winchman at. the time of the accident. Witness deposed that O'Connor, tbe levennan, bad had great experience. Coal bad been worked much move rapidly than at the time of the accident. Witness lifted the basket up, and it was tilted into the truck. After the basket wee empty it was tilted. While be "was lifting the next full basket, tfbe empty banket that should come back was an tbe other eide of tie truck. Bennett puled the empty basket from the other side of the truck to the eide nearest the hulk. The fuH basket struck tbe empty one, and Bennett waa knocked out of tbe truck with the empty basket after him. The leverman was quite justified , in eending the full bosket as he did. Witness had never seen an empty basket treated as Bennett had done. Witness di-dl not blame himself or tibe levennam for the accident. Witness went to Bennett, wlho said, "1 know it's not your fault, Harry." Witness attributed the accident to the plaintiff's caopetteseness. Bennett should not have touched i)U Christiansen was the man to touch it.

To Mr Bruges—Witness had long known Bennett, Who was not generally cautious enough, Bennett was too ouL Unless the truck men asked for delay, the baskets were slung out. Witness would not sling them out if he saw the men were not ready. On tibia' occasion the basket wae empty, and Bennett was doing notihing. Joseph O'Connor, leverman at the.time of the accident, deposed that tibe work was not new for him. He bad done it for sax months, exud had done similar work previously. He had not had an accident previously. He had not beard that be was blamed for the accident. The basket was lifted up by tibe windhman. 'Aβ soon as it was high enough to go into the truck, witness clung it out. Bennett dragged an empty basket in front of it. The full basket bit the empyt one, and knocked! Bennett out of the truck. There was no occasion for Berasest* to puM the basket before him. If &c hod left the empty basket where it wee, the accident would not have occurred. The coal wae coming no faster than usual. If the men are blocked-, they ask to wait. They did not on this occasion.

John Cox, William James Deatre, and John P. Emms gave evidence. Charles George Ourti* produced a statement of the average quantity of coal placed on tbe trucks on certain days—on April. 14th, 9A tows en hour; 15th, Hi tons; 16th, 15£ tons; 17th, 15 1345 th tons; on July 17th, 124 tons; 18th, 16$ tons; 19th, in one how, 25 tons 6owt and 21b. The witness said tbait the late manager had always considered the defendants not liable.

Dr. Symes deposed he bad examined the plfttrrf.iff that morning, and considered him in fairly good health, but stall suffering from severe injuries. The injury was not permanent. Plaintiffs age was a very important factor. M his age he would be more liable to an accident than when 20 ytears younger. The case was adjourned to Christchurch.