A SHIPPING ACCIDENT

New Zealand Times, Volume XLII, Issue 9789, 12 October 1917, Page 10

A SHIPPING ACCIDENT

CLAIM AGAINST UNION COMPANY CASE BEFORE THE APPEAL COURT. A case arising out of a shipping accident at Lyttelton came before cue Appeal Court yesterday. It was that of David John Miller v, the Onion Steamship Company, Ltd. The question of entering up judgment had been removed! fronp the Supreme Court to the Court bf Appeal. The facts of the case were that on January 17th the plaintiff, a whari labourer, was employed on one of the defendant company’s steamers, and while on the hatches one gave way and he was precipitated into the nold, suffering serious injune, including fracture of the spine, involving paralysis of both lower limbs, and an internal injury. It was contended for the plaintiff that the hatches were worn, and that the accident happened CTirough their defective condition. Denera! damages were claimed to the extent of £2500, with special damages amounting to £52 10s for hospital expenses. The defence was a general denial, contributory negligence, and that if there had been negligence it had been on the,. part of an officer engaged in common employment, so that the defendant was not entitled to recover more than £SOO under the Workers' Compensation Act. A verdict had been returned for the full amount claimed, and the defendant company had applied to have it reduced to £SOO, subject to the payment of the defendant company’s The case had not been concluded when the court rose. The Bench was occupied by the Chief Justice (Sir Robert Stout), -Mr Justice Donniston, Mr Justice Cooper, Mr Justice Chapman, and Mr Justice I. G. Raymond and Air F. K. Hunt appeared for the plaintiff; and Mr C. P. Skerrett, K.C., with him Mr H. J. Beswick, for the defendant company.