CLAIM FOR INJURIES

Dominion, Volume 12, Issue 190, 7 May 1919, Page 8

CLAIM FOR INJURIES

\ DAMAGES RECOVERED FROM A WHARF LABOURER-.

An interesting dispute betweefi two waterside workers was heard by Mr. F. . V. Fraser. S.M., at tho Magistrate's Court yesterday. l ? rank Dohcrty sued Tom Daniels for tho sum of .£l7 35., being loss of wages and hospital expenses incurred as a result of alleged negligence on the part of defendant. The statement of claim set out that whilst plaintiff wa6 engaged in discharging coal from the steamer Ngakuta on February 24 last, the defendant negligently caused a lump of coal to fall upon plaintiff, whereby the latter received serious injuries. _ The plaintiff was incapacitated for six weeks, during which time Jig received half-pay under the Workers' Compensation for Accidents Act amounting t<i M 2s. 2d. per week. His average weekly wage was ,£4 4s. 4d. per. week. He also incurred the sum of i! 3 6s. for hospital expenses. Plain- ■ tiff therefore 'claimed .£l3 175., being lialf{7ay for six weeks 1 and four days, and . ako for' ,£3 Gs.' hospital expenses. Mr. B. X.. Kirkealdie appeared for tha plaintiff and Mr. P. J. O'Ebgan for the defendant. Harry Coe, foreman for the Blackball Coal Company, gave evidence that Daniels expressed sorrow for the accident. VFiluess saw the piece of coal, which was wrapped up in a coat. Witness took charge of the lump of coal (produced), but- tho coat was taken from the coal whilst witness was attending Dolierty. The Magistrate: Would Daniels have, any legitimate reason for taking the piece of coal up tho ladder from out of tho ship's hold? Witness: No. William Henry Walker, wharf labourer, 6aid that when he was attending Dolierty, Daniels came up and claimed the coat which jvas wrapped round the. coal. . ■To Mr. O'Eegan: Witness would not swear that it was an overcoat wrapped round the coal. It looked like one. Witness could average all' tho year round a weekly wage of x 4 10s. James' Francis Smythe, wharf labourer, said that when Daniels came on the scene he remarked that it was a pure accident, and he was very sorry. Tha wrapping round the coal was similar to _ an oilskin. ® Andrew Cummitigs said that after the accident happened lie. heard someone remark, "It's my fault, Dolierty; I am very sori'y,"' but- lie would not swear that Daniels' made the remark. For the defence, Mr. O'Eegan' said that his client would deny any connection with the accident, and'also that ho had a coat. . . ]ii evidence, defendant said that he had worked Ifourteen years on the Fmglish wnterfront, and had been four years oil the Wellington wharves. In his- opinion the average weekly earnings of a waterside worker would be from <£3 toi £) 10s. He did not drop tho coal, and could not identify tho piece of coal produced as the lump which hit Dolierty. There were three hundred tons of coal in the ship at the time. ■ To Mr. ICirkcaldie: Witness came from No. 1 hold to No. 2 hold to see; Dohcrty when he heard lie had been injured. Counsel: Did you not say to Dolierty at the hospital that you were going up the ladder out of the hold when your foot slipped, and the coal dropped? , Defendant: No; I did not. To tho Magistrate: I did make the remark that it was a pure accident; How did you know it was a pure accident?—"l just guessed it was." His Worship said that out of tlie six witnesses four had said that defendant had expressed sorrow for the accident, and two of them heard Daniels say it was a pure accident. Daniels admitted 1 liis, and it seemed strange that ho should say that when ho stated ho was in No.. 1 hold when the accident happened. Rich of tho witnesses had said something which the defendant had contradicted. Tho plaintiff was entitled to judgment, and as to the question of average earnings. .His Worship held that .£3 10s. was a fair estimate, and from this sum the M 2s. 2d. already paid under the Workers' Compensation for Accidents Act would have to be deducted. Judgment would be for plaintiff for .£9 ss. 6d. for loss of wages and .£3 Gs. for hospital expenses, with costs and wit< nessea' expenses nmounting to ,£6.