CLAIM FOR £5000 DAMAGES

Press, Volume LXXXVI, Issue 26127, 1 June 1950, Page 3

CLAIM FOR £5000 DAMAGES

LABOURER’S DEATH AT PORTLAND

(New Zealand Press Association) AUCKLAND, May 31.

A claim for £.4000 in general damages was brought against Wilsons (N.Z.) Portland Cement, Ltd. and Winstone, Ltd., by Laura Snell McQueen, a widow, of Otaika, before Mr Justice Callan in the Supreme Court to-day. Plaintiff also claimed general damages of £lOOO against the cement company, and asked for costs against both defendants.

The action arose from the death by drowning of Neil McQueen, a labourer employed by the cement company, at Portland last August, said Mr R. P. Towle, in his opening address to the jury. Plaintiff alleged that her husband met his death on the Portland wharf while going from the wharf on to the ship Aranui, a coastal vessel of 147 tons owned by Winstone, Ltd. The action rested on the fact that there was no proper gangway or means of access provided from the wharf to the ship.

Counsel said that McQueen was a member of a gang working on the Aranui, which was loading cement at the wharf. Plaintiff alleged that, while returning on board, McQueen fell and struck his head, and then fell into the water and was drowned. The cause of death was actually drowning, but although there was no obvious fracture of the skull, medical evidence would show that McQueen suffered a severe blow on his head before he fell into the water. There could be no suggestion of foul play or suicide. McQueen was an expert swimmer, and had met his death while attempting to board the ship in the course of his duty* directed by his employers,

said counsel. The cement company had failed to provide a safe system of work, and Winstone. Ltd. had also failed to have a gangway on the ship. The case was adjourned.