THE APPEAL COURT.

Taranaki Daily News, 20 July 1920, Page 6

THE APPEAL COURT.

A COMPENSATION CASE. Bj Telecrnnh—Press Association. Wellington, East Night. The Court of Appeal was engaged this morning in hearing the ease Readford v. New Zealand Sliippmg Company, an appeal against the judgment of Mr. Justice Chapman. » Plaintiff's husband met liia death by falling down an open hatchway on the s.s. Ayrshire on February 7, 1919. He was one of a gang working hold No 4, the direct way to which was down a perpendicular ladder. He was last seen near the hatchway at about six o'clock, and next morning his booy was found at the bottom of hold No. 5. Work had been going on at this hold earlier in the dav, and the hatches on the shelter deck at this hold had not been put on, but the hatches on the main deck were on. Deceased seems to have govc down the companion way from the main deck to the shelter deck, and then to have passed along this deck on his way to work and,-through some cause', to have fallen into the open hold. The ladder to No. 4 hold was lit, but the way taken by deceased was dark. Plaintiff and her child claimed damages for the negligence of defendant in leaving No. 5 hold unguarded and in leaving the way from No. 4 to No. 5 obstructed.

The jury found for plaintiff, and awarded the widow £I2OO and the child £6OO. Leave to move for a non-suit was reserved at the end of plaintiff's case, and on this motion Mr. Justice Chapman nonsuited plaintiff. Mr. O'Regan appears for plaintiff, and Mr. Richmond for the defendant company. Mr. O'Regan chiefly relies on the breach of regulations 41a, under the Harbors Act, 1908, in that the hatch down which the man fell was not lighted.

After hearing Mr. O'Regan the Court postponed further hearingoi the, argument till 10 o'clock to-morrow, when, if necessary, they will call on Mr. Richmond.