INJURED BY ACID

Dominion, Volume 11, Issue 209, 23 May 1918, Page 5

INJURED BY ACID

PLAINTIFFS GET JUDGMENT IN MONOWAI CASK Mr. P. J. O'Bcgan has received cabled advice from Melbourne that Mr. Justice Cusseh's reserved judgment has been delivered in favour of plaintiffs in the action in which five Auckland waterside workers claimed damages from tho Wis- ! cher Proprietary, Limited, for injuries received through an effusion of sulphurio , acid from a drum which was being unloaded from the Monowai at Auckland on September 7, 1916. The thirteen men were injured, but some of them only. slightly. Others wero less fortunate, and three of them —Charles Faulkiner (53), James Coutts • (SI), and Henry Barnes (50)-had their eyesight completely destroyed, while two others—George . Jones (42) and Thomas Anderson (69)—waro obliged to remain in hospital for months owing to the severity of their injuries. The accident was ■ subsequently made tho subject of inquiry by a Eoyal Commission, of which Mr. Kettle, S.M., was the chairman. Tho rubber plug used as a cork was condemned by the commission, which ascribed the accident to it. As the men wore injured In the courso of their employment by the Union Steam Ship Company, they wero entitled to.payment by that company under the Workers' Compensation Act, and the company immediately proceeded to make tho weekly payments prescribed by tho Act. The Act, however, does not take away the right of an injured man to bring an action at common law claiming damages, and accordingly tho five men above mentioned commenced an aotionin Melbourne, claiming damages from the shippers of the acid, Messrs. Eosenhnin and Co, and their agents, tho Wischer Proprietary, Limited, by whom the drum had been filled with tho fluid. After the writs had been issued, Mr. Ito6enhain died, and the actions abated so far as he was concerned, but they proceeded against the defendant company. In December last a commission, on tho application of the plaintiffs, issued out of the Supremo Court of Viotoria for the purpose of taking evidence at Auckland, and under that commission' some twenty-five witnesses were examined. The five actions were consolidated pursuant to the procedure usual in such a case, and were ordered to be tried as one action. The following W6re the amounts claimed:— Charles Faulkiner, .£2500; James Couth;, .£2500; H. Barnes, .£2000; George Jones, .£1000; and T. Anderson, .£300; making a total of ,£B3OO. Mr. O'Regan appeared for the injured men boforo the Eoyal Commission, and it was in accordance with his advice that proceedings for damages were instituted in Melbourne.

The jury recently awarded tho plainaiffs .£6850 damages, hut this was subject to a nonsuit point by defendants that they owed no duty to observe care towards anyono except the firm from whom they received • the order, namely, Bosenhain and Company. Mr. Justice frisson's reserved decision gave judgment for the full amount, with r,osh according 'to scale, witnesses' expenses and disbursements, including the cost of taking the evidence of twentyfive witnesses at Auckland. Mr. Justice Cnssen held that defendants owed the duty of care in filling and securing the oyunders to every person coming lawfully | into proximity thoreto.