STRUCK BY LOG

Evening Post, Volume CVIII, Issue 139, 9 December 1929, Page 12

STRUCK BY LOG

WATERSIDER . INJURED

CLAM FOR DAMAGES

An accident which occurred on the steamer West Nivaria on 22nd October, 1927, while she was discharging timber at Wellington, was recalled by a claim brought in the Supremo Court to-day against Gaunaway and Co., Ltd., stevedores, by Konrad Petersen, waterside worker. Tho Chief Justice (the Hon. M. Myers) was on the Bench. Mr. O. C. Mazengarb, with him Mr. H. J. V. James, acted for tho plaintiff, and Mr. C. A. L. Treadwell, with him Mr. E. Parry, for the defendant. While acting as .1 winch-driver, the plaintiff was struck by a log, which fractured his right leg and injured his right foot and side. Ho claimed that the accident was caused by the negligence of some servant or servants of the defendant in slinging the log unevenly, failing to readjust the sling when it was seen that the log was badly slung, jerking the log up instead of raising it slowly, failing to hold the log securely by the other winch, leaving that winch without control while tho log was suspended, failing to provide guards for tho winch-drivers, and failing to supervise the whole operation of raising the logs in a safe manner. A claim wa3 made for hospital and medical expenses amounting tO--£.123, and general damages, loss of earnings, and the difference between the compensation paid and the wages the plaintiff would have earned, £520. The allegations of negligence by its servants were denied by the company, which contended that all due care and diligence had been exercised. It was admitted tliat since the accident the plaintiff had received compensation under the Workers' Compensation Act amounting to £.357, but it was urged that he had been paid at the rato of £4 a week, which was in excess of the amount ho should have received. As a further defence, it was pleaded that if it wero proved that the defendant had been negligent, then the plaintiff was disentitled to recover, because he himself had been negligent in failing to watch the log which was being transferred from the ship to; the wharf, and failing to tighten the yard-arm wire under his control, and thereby prevent the log from slipping towards him. The hearing of evidence is proceeding. •