DEATH OF STEVEDORE.

Auckland Star, Volume 246, Issue 246, 16 October 1926, Page 9

DEATH OF STEVEDORE.

CLAIM MADE BT WIDOW.

CONDITIONS OF A ROPE.

(By Telegraph.—Press Association.)

WELLINGTON, Friday.

At the Court of Appeal to-day the Bench was occupied by the Chief Justice, Hon. C. P. Skerrett, and Mr. Justice Sim, Mr. Justice Stringer, Mr. Justice MacGregor, and Mr. Justice Alpers. The case before the Court w_s that of Elizabeth Welsh and ancther v. the Canadian Government Merchant Marine, Ltd., an appeal from a judgment given by Mr. Justice Herdman in Christehurch in August, 1926. Isaac Welsh, late of Lyttelton, foreman stevedore, was engaged in loading casks of pelts at Lyttelton into the Bteamer Canadian Challenger, the property of the respondent company. On the night of November 17, 1925, he was standing on the deck near the hold of the steamer, when two casks of pelts, weighing about Sc-wt each, were beinp hoisted on board. The rope sling round one of them broke, and the cask fell on Welsh, so injuring him that he died that night. His widow brought an action claiming £3928 damages against the proprietors of the Canadian Challenger before Mr. Justice Herdman, who gave judgment for the respondent company on the ground that the company's servants were in no way responsible for the breaking of the rope, and that they had exercised all care in examining the rope to see whether it was in good condition.

The evidence showed that the rope had been Used in July, 1925, for eight hours in loading similar casks of pelts, which, unknown to any of the parties, are invariably packed in a pickle compound of one per cent sulphuric acid, nine per cent brine, and 90 per cent water. A chemical analysis showed that at the break the rope was rotten; due to sulphating, and was brittle. This was caused by the action of the sulphuric acid. The other part of the rope was quite all right, and the brittle part could not be detected by any but an expert chemical analyst. "It would be absurd to rule that the ship must carry, as part of its complement, a chemist, whose duties it would be to examine ropes to detect damag-e caused by chemical agency," said Mr. Justice Herdman. "After the use of the rope in July, 1925, it was carefully stored away, and had only been used two hours on November 17 when it broke." His Honor dismissed the contention that any of the parties were negligent, and held, therefore, that deceased's wife could not succeed in her claim. Against this judgment she now appealed.

The case was adjourned until Mon day.