LAW REPORTS.

Dominion, Volume 7, Issue 2155, 22 May 1914, Page 5

LAW REPORTS.

SUPREME COURT. £2000 DAMAGES CLAIMED AFTER FATAL ACCIDENT CASE STILL PROCEEDING Hearing was continued in tlio Supremo Court yesterday, beforo His iionour Mr. Justice Hosking and a jury of twelve, of the case in which Lucimla Caldwell claimed £2000 damages from tho Union Steam Ship Co. for loss of her husband, Thos. Caldwell, who met a fatal accident oir March 31, whilst unloading superphosphates from tho s.s. Maitai.'

Mr. A. Gray, K.C., with Mr. E. J. Kitzgibbon, appeared for the plaintiff, and the defendant company was' represented by Mr. T. M. Wilford, and Mr. P. Levi. The action for damages was based upon alleged negligenco on the part of the defendant company. John Passmore, rope and twinemaker, of forty years' experience, said that the rope (produced) which broke, was absolutely done.

Mr. Gray: "Was that rope, immediately before it broke, fit for use?." Witness: "I would not care to use it."

Further, witness said that the breakins strain of a new 23-inch rope, like the one that had been in use prior to the accident, was 1 ton 15 cwt., but only one-third or one-fourth of that weight would constitute a proper load. The Admiralty regulation was about one-sixth of the breaking strain. ' To Mr. AVilford: A ropemaker did not test the' rope for breaking strain. Witness admitted that 2 tons 5 cwt. was not an abnormal breaking strain for a 23-inch rope. To Mr.. Gray: The rope produced would not bo safe, as a '-lumper" would use it. State of the Rope. •Tas. Stewart, hemp grader, employed bv the 'Government, at Wellington, said that lio had had about thirty-live years' exporience, off and on. The rope which had caused the accident had had a good deal of rough work. When he had examined it several strands and other parts were perished. The outer part appeared to be alLpcrishcd. He would not like to stand under it in a ship's hold, if it was carrying a weight of 12 cwt. or 14 cwt.

Allan W. Hall, flax grader in the employ of the Now Zealand Government, thought that the rope was "badly worn out." _ It had been subject to some corrosive. The strands were broken in some places, and the strands seemed to be impregnated with some substance.

~\Ym. Henry Ferris, chief fibre expert for the New Zealand Government, gave further evidence as to the condition of the rope. Decay appeared to have set in. Nonsuit Asked For. This closed the case for tho plaintiff, and Mr. Levi moved for a nonsuit, on the ground that there was 110 evidence to co to the jury of negligence on the part of tile defendant company, which had causcd injury to tho deceased Caldwell. His Honour thought, that in this case, there was tho question as to whether an inspection of . the appliances should not have taken place. There was evidence that no proper inspection of the rope' had taken place. There was a e.ertain amount of responsibility in recard to.appliances which bccanio worn. Mr. Levi contended that the onus of showing negligence was on the plaintiff, and it had to be shorn, not merely that- there was negligence, but that tho negligenco was the .cause of tho accident. The case also disclosed sufficient contributory negligence on deceased's nart to warrant plaintiff being nonsuited. • Contributory Negligence. The nonsuit points were reserved, and Mr. Wiltord said that the caso for tlie defendant company was that tiiero was no negligencu on their part; but that deceased had himself been guilty of negligence. It would be shown, ho said, that on every occasion on which u sling was raised from 'the hold those working below were ordered to "Stand clear," and there was 110 need for them to come out from cover till tho sling was clear of tho hold; Notwithstanding that, Caldwell took a chance 'When "dumping" was going on, tjie inoii in the hold had an easier time, for eight men were then employed, in place of six, as on other occasions. If deceased took a risk upon himself—a risk which he had no occasion to take, then there could be 110 claim on the company beyond what they were liable for under tho Workers' Compensation Act. John Currie, chief labour foreman for the Union Company, gave evidence that just before tho accident occurred Im had occasion to; warn men working in the hold of tlie Maitai to keep under cover till tho sling was clear. Caldwell was in tho same hold. Tlie hatchman also warned the men before each sling was lifted. The rope which broke had been in use for a week or two prior to the accident. Tho rone had deteriorated since tho date of the accident, for the inside was white then, while now it was brown. He knew that it had had superphosphates on it. There was nothing in the appearance of the rope, at tlie timo of the accident, to show why it broko. The men had more time to make up the slintrs when "dumping" was going nil. Only experienced men wore put down the holds. Piobt.M. Passmor*, rope-making expert, with about thirty years' experience. snid that a "fair'breaking strain for a 23-inch ropo would be 2 tons o owt.

Further evidence w."s tnlcen, and the .case was adjourned till, this morning.