LAW REPORTS

Dominion, Volume 8, Issue 2321, 1 December 1914, Page 9

LAW REPORTS

SUPREME COURT

£2000 COMPENSATION CLAIMED

WHARF WORKER'S DEATH

Whilo unloading cargo from the Union Steam Ship Company's steamer Maitai at Jervois Quay on March 31 last a .\vharf labourer, named Thomas Caldwell was struck by a sling of superphosphates and killed. 1 As' the outco'mo of his death, his widow, Lucinda Caldwell, claimed from the Union Steam Ship Company a sum of £2000 as compensation. The aotion' was heard.in Wellington in May last before His Honour Mr. Justice Hosking aijd a common jury of twelve, but after a long'thy hearing the jury were unable to agree upon a verdict. Re-trial of the claim was ooihtnenced yesterday mornin'g, before His' Honour Mr. Justicp Edwards and a 'special jury of twelve. , ■ Air. A. Gray, K. 0., with-him Mr. 15. J. Fitzgibbon, is appearing for Mrs. Caldwell, while Mr. T. M. "Wilfqrd and Mr, ,P. Levi are appearing for the Union Steam Ship Company. —

In opening the plaintiff's case, Mr. Uray stated that-the case had been brought under a special statute. - Mr. Wilford here intimated that the defendant companj' was prepared to pay Mrs. Caldwell £500 at any time.

AJr. Gray observed that this was no special act of generosity on the part of the company, as, under the Workers' Compensation Act, Mrs. Caldwell was entitled to such a payment if it were proved that the earning capacity of her husband warranted tho maximum amount ' provided by the Act. It was not considered, however, that £500 was sufficient to provide for Mrs. Caldwell and her son, tho latter being nineteen years of age and an apprentice to the engineering trade. Counsel then pro-' ceeded to outline'.the plaintiff!s case. The deceased, Caldwell, jvas a raomber of the Wharf Labourers' TJnion, and, on the .morning of the accident, waß helping to remove heavy sacks of superphosphates. from the forehold of the Maitai. The weigh't of each sack was about 2-cwt.i and eight sacks'were usually placed jn ■■a < sling._ Wliile one loaded sling was being raised, the ropesuddenly broke, ; and its contents fell on Caldwell,; yho. was killed instantly. The action was based upon the negligence of . the defendant company, the allegation "being thjit the sling was not in a fit state for use; and that reasonable care had not been taken to see that the gear was in a proper condition.. , Lucinda Caldwell, the plaintiff, gave evidence that her husband was 44 years of age at the time of his death. His earnings averaged from £2 10s. to £3 10s. per week. .; ' V ... -i Other lerigtliy evidence is being called in support|of the plaintiff's case, which had not closed whe'ii the Court adjourned last evening. . The hearing will be resumed at 10. to-day..