DAMAGES AWARDED TO WATERSIDER

Press, Volume LXXXVII, Issue 26517, 4 September 1951, Page 8

DAMAGES AWARDED TO WATERSIDER

COURT OF APPEAL UPHOLDS JUDGMENT (New Zealand Press Association) WELLINGTON, September 3. The Court of Appeal this afternoon delivered judgment on the appeal of the Union Steam Ship. Company of New Zealand, Ltd., against the judgment of Mr Justice Cooke given in the Supreme Court at Wellington on December 18, 1950. dismissing motions by it for a non-suit, or for judgment, or for a new trial in the action brought against it by Reginald Boyton, of Wellington, waterside worker. Boyton had claimed damages from the company for injuries he had suffered when he slipped on resin lying on the deck of .the Wirimu in Wellington on April 4, 1951. The jury awarded him £282 17s. The company had then moved for a non-suit or for judgment, or for a new trial. These motions were dismissed by Mr Justice Cooke. The company appealed against Mr Justice Cooke’s decision, contending that there was no evidence of negligence to go to the jury. A majority of the Court. Mr Justice Finlay and Mr Justice Stanton, held that the evidence of negligence, though slight, was sufficient to go to the jury, and dismissed the appeal, allowing costs to the respondent. Boyton Mr Justice Northcroft delivered a dissenting judgment.