A CLAIM FOR COMPENSATION

Taihape Daily Times, Volume 7, Issue 81, 4 December 1914, Page 7

A CLAIM FOR COMPENSATION

WELLINGTON, December... -2. While working with a yang of men unloading cargo from the steamer Malta i on March hi last, Thomas Caldwell was struck by some bags of superphosphate, which fell from a broken sling, and he died from the injuries received. His widow sued the Union Company for £2OOO compensation, and the jury disagreed. The case has been reheard at the Supreme Court during the past three days. The jury considered two issues (1) Did the company exercise due care in permitting the use of the sling in question; (2) could the deceased by the exercise of such, care as he-ought to have exercised unc.V-i the circumstances ,have avoided the Injuries received?” The jury found the following answers; No. 1 “No;” No. 2 “Yes,” and assessed damages at £o*4o for the widow and £6O for her son. Mr. Justicof Edwards pointed out that the verdict was practically one for the defendant company, as the jury had found that the deceased,had not exercised sufficient care. The foreman said the jury had not :intended tho verdict ioybn for the de-‘ fondants.; TU6y Fhopght that both parties were to a certain extent responsible. The Judge; If you find he was guilty c.f negligence, then ho cannot recover. • ’Ccuimel |jointed T out .that ecu Id not have known. /fcaUthei ffiiig.' was defective. PTis Honoucisaid that-in the ciuen-ui-at.ances he could net give judgment at T-rcsout. He thought that under the statu I c ho would have to go on with the claim' under th° CcmnensFicn AM. M". V'ilfcrl ! Dm rnumw’!- offer -f |ho maximum of “'Oh still M'd v -w- whole u" 1 Dev was adk'uvucd until a. date 'O be fixed. - ■ • 1- • • -aortas n-ar,