CLAIM AGAINST CROWN

Sun (Auckland), Volume 1, Issue 114, 4 August 1927, Page 11

CLAIM AGAINST CROWN

OVER £I,OOO INVOLVED SEQUEL TO WHARF ACCIDENT While working on the dredge Hazel i Repton, which was moored to the King’s Wharf on the afternoon of August 6, 1926. Henry Naylor, labourer, was struck by a heavy plank that had been hit by a passing railway engine. He had received a serious injury to the thigh which had kept him from work since that date. Naylor brought an action to-day against the Crown before Mr. Justice Stringer and a jury of 12, claiming £1.070 7s damages. Mr. V. R. Meredith appeared for the Crown and Mr. E. W. Inder for the complainant. Opening for the complainant, Mr. Inder stated that his client was assisting in the loading operations on the dredge. The loading was being done by means of a plank which projected across the wharf. The engine and trucks were passing and the plank was | struck, the blow forcing the plank j on to the plaintiff’s thigh. He would say that no warning had been given; that no proper look-out had been kept; that there had been negligence in failing to see the plank; and that the locomotive had been driven at an excessive speed. The claim was £202 10s for loss of wages, £73 17s 6d medical expenses, £72 and £750 damages and costs. An alternative claim was for £1,070 7s general damages and costs. The defence, said Mr. Meredith, would be a denial of the allegations. It would be countered that the accident was caused by the contributory negligence of the petitioner in that he failed to keep the plank clear of the lines; and further, that he failed to observe the Auckland Harbour Board by-law No. 19S, which provides that a person landing or bringing goods on to the wharf shall keep all rail, cranes, tramways and hydrants clear. (Proceeding)