CARPENTER'S CLAIM.

Auckland Star, Volume LXII, Issue 286, 3 December 1931, Page 3

CARPENTER'S CLAIM.

FALL DOWN A STAIRWAY. EMPLOYER DENIES NEGLIGENCE. The hearing of a claim for £2051 damages by a young carpenter, James Richard Cross, against his employer, Noel Cole, building contractor, Avas continued before Mr. Justice Smith in the Supreme Court to-day. The claim arose out of an accident in the defendant's factory at Ponsonby on November SO, 1928, -when the plaintiff fell down a stairway and received injuries to his back. "A practical man examining those steps would say they were break-neck things," said James Clark Watson, a builder of 40 years' experience. He added, "I would not expect to find a stairway like that -where men were employed." Witness explained that between the end of one of the treads and the stringer to which, it was nailed there was a gap of almost a quarter of an inch, and the effect would be to throw the whole weight on tho nails. Before any medical evidence _was called, counsel for defendant submitted that the question whether or not the defendant was liable for damages should ibe settled first, and that course was adopted. _ Counsel for the plaintiff amended his claim for loss of wages, a'nd so increased his total to £2233. Several Defences. Opening the case for tho defendant, counsel said he raised several defences. Plaintiff had received two sums amountin" to almost £15 as compensation, and had sioned receipts for those amounts in full satisfaction of his claim. Later, he had issued a writ for compensation, and some months ago he launched common law proceedings. Thus, he had two sets of proceedings in vogue at tttf same time. Counsel submitted that .because the plaintiff had been up and down the stairway many times whil< working in the factory, he had agreed to accept any risk which might exist. His Honor ruled that, unless it could be shown that the plaintiff knew the particular tread was fall, ne did not accept tho risk in the circumstances. It must be proved that he knew of the particular risk. Defendant denied 'negligence, said counsel, and he would maintain that the tread did not break. Defendant, Noel Cole, said in evidence that the stairway had been erected u 1923 for the convenience of the men. m had never known the treads to break oi turn over. The stairway had always been in good order, but he did not makt a particular examination of it. Altei the plaintiff received massage treatmeni for his back witness thought he was quite well again. ~ , ■ To his Honor, witness said kauri was much used for building steps and stair ways, and it was regarded as one of th< strongest of timbers. Herbert Clinton Savage, am architect who had been in practice for 20 years said the steps were constructed in th< usual manner for that class of work One end of the tread in question appeara to be perfectly sound. At the other en< there was a cross-grain near -the from edge. He considered the weight of an; ordinary man would not be sufficient t< cause the collapse of the tread. (Proceeding.)