GREY DISTRICT COURT.

Greymouth Evening Star, Volume XXXI, 17 August 1901, Page 4

GREY DISTRICT COURT.

Fbiday, August 16tii.

(Before His Honor Judge Ward.)

William Walton v. Dispatch Foundry Company.—Claim for £175 for injury received while in the employ of defendant Company. _ , Mr Hannan appeared for plaintiff and Messrs Bearo and Kitcbingham. for defendants.

Mr Beare in opening the case on the defence stated that he intended to set up the plea that the accident was due to the negligence of the plaintiff. He called F. Coopley who stated that he was a blacksmith in the employ of the Foundry Company. At the time in question they were Hanging the bottom of the dredge buckets. Three of them lifted the plate from the fire to the slab. They had flanged the plate and then stood it on the end to level it. He passed the dog over to Walton and said “Bo careful, have you got it ?” and he said “Yes’’and then witness said “Have you got it or has it got you ? ” and he said it was all right- Plaintiff turned tho iron too quick and it slipped and landed on tae slab. When he saw it fall plaintiff jumped back, whereas if ho had kept hold of the dog the accident would not have happened, Tho dog did not come off the iron. Witness took it off afterwards. Told plaintiff to be steady at the first. Plaintiff whs in a bad temper at the time of the accident. He had been working with witness for about two months, and had never complained about the scarcity of tools. Any tools witness wanted ha got from the manager. There was plenty of room. There was a good five feet all around tho slab. Witness had never complained about the tools or anything else. About a month after the accident plaintiff came to the shop and said he was anxious to have a go with the hammer and asked witness how the acci-

den happened. Witness said it was carelessness on plaintiff's part and he said ho s ippo-edic was bis own fault. Plaintiff went to witness’s house and said “ it rests with aon who her I get that money or net ” : Witness said, “ What money ? And Walton said that he intended to su • for £2OO Witness told him it was itnpossib e for tho dog to break. Ho said that if witness was not prepared to swear tho dog broke he would not got nothing To d plaintiff he would not swear to a lie. Thor- was pretty nearly a dog for every plate he used to the proper dng. Ho never reduced the number or altered the six -. It was the place of the t-olamith to make any tools needed. Shannon was present at the first conversation. Walton had helped to make about 30 dredge buckets.

By Mr Hannan—Have had a good deal of ■ xperienco in bucket making. Tho d- g p-oduced in Court L the one used at the t m of th« accident. The piece that fell would weigh about 401bs. Tire slab was about one foot off the ground, and the size of tho piece was about 2ft Sin wide by about 2ft 6in. The plate fell, one side oo the slab and tho Other on plaimiff’s foot. Walton would be about about 2ft from the slab. He hung on to the dog and slipped, an 3 the plate came on his foot. He let go of the dog and jumped back. The place has been altered since the accident. A new shod was put up. Tho alterations were made three months ago. There were only two dogs at the time of tho accident. The workmen sometimes borrow the dogs. Nevor took hold of a hot plate with a sack. Never found Hambleton to be an excitable man. A>ways got tools when witness wanted them Had a box of tools. Swear he never left off because there was no room. It was quite possible for two lots of strikers to work at once. Thera was no blows struck while tho iron was on tho slab. The conversation at witness’s house woxild be about four months after tho accident. Told him that it was bis own fault. Did not tell Walton that it was witness’s fault. Told him thatwhei • the time came, he would speak in Court Mr Hambleton came to witness about tho accident tho same day.

By Mr Beare—No tools in tho box were required for Our v/ork. Sacks am always used. Tho Court boro adjourned till the afternoon.

On resuming M. Shannon stated that the dog did not break, and it was used afterwards. The throe of them had been working together for some time. Thought that they had turned out buckets for two dredges. Used same tools. Never had any conversation with Walton about the case. Walton said that be did not know himself at the time how it happened. Copley told him that the dog had slipped, and ho (Walton) fell and the plate came down on his foot. And Walton said he supposed it was his own fault. He made no complaints. Saw the iron after the accident. Three or four of them picked plaintiff up and sent for the doctor. Wal ton and witness were both strikers Either hold the dog. Copely had a habit of saying “ Have you got it; or has i got you ? ” Walton said “ I got it; it, all right.” About five minutes after that the accident occurred.

By Mr Hannan —The bucket was up on tdge. Ctpely was levelling it. The Ha ter is used for putting between the iron and hammer. Two and perhaps more blows were struck while the plate was on end.. Looked after the accident and saw that the dog had slipped. It was notoff th- plate. The dogft produce lin Courtis not the one; it was a shorter one. The plate was leaning against the slab. V. the time of the accident Walton had hold of the dog. Saw him fall. There was an anvil near the slab. The arrangement has been altered. There is more room now. This was done before Easter.

By Mr Beare—Almost certain that the dog produced in Court is not the one.

D. Williams said he was a blacksmith. Taere was plenty of tools. It was the blacksmith’s place to keep the dogs in repair. The strikers assist. A man generally made a dog to suit his work. By Mr Hannan —Always repaired tools of his section himself. The toolsmith does not make the blacksmith’s tools. A blacksmith is always supposed to make his own tools. Witness makes his own. Mrs Copeley said that about three oxfour months ago Walton camo to see hexhusband. He said to hex- husband “It rests with you whether I get this £2OO oxnot." Copeley said “ What money ?” Walton asked him if he could swear whether the dog broke or not, apd Copely said “ No! It never broke-as you know.” Walton said he was unconscious and did not know. Copeley asked him if his lawyer had sent him, and if so to send him to Copeley. Walton then called him “ No man,” and she went out and called hex- husband and he sa : d to Walton “Wait till I get to Court and I will give my evidence," whereupon Walton said, “Alright old man, a day will come.” By Mr Hannan—Never said that she would not let her husband give evidence in Court.

By Mr Bearc—What she was thinking of was that if her husband came into Court and swore a lie, he might be had up for perjury. A. Sexton, boiler maker, had been in the employ of the Foundry for two years. There was plenty of tools there. Plenty of dogs. Remembered the accident to Walton. Was working with the same dog before and after the accident. Two or three wo.kmen might use the-same dog in one day. By Mr Harman—Was working about fivo yards from where Copcly was working. There were other dogs; they were different sizes. Did not know' that the qno produced was the one used. By Mr Bearc —have worked with Copely since Walton left.

J. Morrison, boiler maker, said there were plenty of tools.

By Mr Hannan—Started work at the Foundry abqut three months ago. It xs customary to use dogs. A dog, like the* one produced, would be sufficient to steady a weigat of about one cwfc. For a piece 40lbs a much smaller one would bo used. Would use the dog produced for a dredge bucket.

A, Sunbye gave corrobativo evidence. J. Hamblcton, manager of tho Dispatch Foundry Company, said there was plenty of room for tho number of forges. There was no defect in the tools. The place wasn’t enlarged because of the accident. While tho plates are hot everything is done there in a hurry. The weigh of the plate would be SOlbs. Had more anxiety over the workmen than over the work. Think that tho accident was caused through carelessness of Walton. By Mr Hannan—Visited the shop on the afternoon the accident took place. The slab is a portable one.

Messrs Cable and Robertson’s evidence taken at Wellington was read. W. Walton —recalled—said that the dog produced was not the one used at the time of tho accident. The one used was smaller,

This concluded the evidence, and the case was adjourned till to-day.