COMPENSATION CASE.

Taranaki Daily News, Volume LVII, Issue 152, 3 December 1914, Page 4

COMPENSATION CASE.

A CONTRADICTORY VERDICT. MATTER LEFT IN DOUBT. By Telegraph—Per Press Association. Wellington, Last Night. While working with a gang of men unloading cargo from the steamer Maitai, on March 31st last, Thomas Caldwell was struck by some bag 3 of superphosphate which fell from a broken sling, and 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 Supremo Court during the past three days, when the jury considered two issues: (1) Did the company exercise due care in permitting the use of the sling in question; (2) Could deceased, by exercise of such care as he ought to have exercised under the circumstances have avoided the injuries received. The jury found the following answers:—No. 1, "No"; No. 2, "Yes," and assessed the damages at £O4O for the widow, and £GO for son.

Mr Justice Edwards pointed out that the verdict wa ractieally one for the defendant company, as the jury had found that deceased had not exercised suliicicnt care.

The fore-)! i! said the jury had not intended the verdict to be for the defendant. It thought tlmt both parties were, to a certain extent, responsible. The Judge: If you find he was guilty of negligence, then he cannot recover. Counsel pointed out that the deceased could not have known tile sling was defective!. Kis Honor said that in the circumstances he could not give judgment at present. He thought that under the statute he would have to go on with the claiai, under the Compensation Act. ilr Wilford said the company's offer of the maximum of £SOO still held good. Eventually the whole matter was adjourned until a date to be fixed.