FACTORY ACCIDENT.

Auckland Star, Volume LXII, Issue 285, 2 December 1931, Page 3

FACTORY ACCIDENT.

APPRENTICE'S FALL

CLAIM AGAINST EMPLOYER

.Further evidence was heard in the Supreme Court before Mr. Justice Smith vesterday in support of a claim for £2051, by Jam es B ichard Cross, carpentciVi'agaiiist his employer, Noel Cole, an Auckland building contractor. The plaintiff -was'the.victim of an accident, which occurred, in the defendant's factory at Ponsonhy on November 30, 1925, when ho was an apprentice, as a result of which he fell down a stairway and injured his back. Defendant raised a number of defences. He claimed that the plaintiff had accepted, two sums amounting to almost £15 in full satisfaction of any claims he might have, and he did not give notice of any further claim until April of this veaivße used the steps when, there was iin ordinary stairway available. Defendant ' alleged contributory negligence, and .contended that the claim had not been brought until after the expiry of the statutory time. Under cross-examination the plaintiff he signed receipts for amounts totalling almost £15 without reading ,'iicni through, and he did not understand rliat they meant. He was not told that tiiey would bar any future claim.

: Counsel for the defendant said experishown that the treads, fastened ; similarly to one which plaintiff i aid broke under his weight, would'bear a pressure of 11201b. Witness, who Weighed lOet, insisted that it gave way under him.

"T found it one of the most awkward stairs to negotiate I hare ever seen," said Robert Henry Stevenson, a staircase builder of jlong experience. Frederick J. Edmonds, a carpenter and joiner, ,-wio was employed in the defendant's factory when the accident occurred, said he was told by the foreman to fix one of.jibe,treads which was broken. He did notvadmit'' that the steps' were perfeetiyjeafe. Experts „ on, timber were - called, who gavcieji'dence that the tread in question liad|been split .by nails driven into the cross-grained;.wood. The stairway was described as'-dangerous 'by an architect and..a'jforeman carpenter, and various faults" hi its construction were''pointed butiby the expert witnesses. His Honor said before the Court adjourned that he would inspect the scene, of the accident. The*-' case will bi.resumed to-morrow.