CRANE DRIVER’S APPEAL

Press, Volume XCVIII, Issue 28866, 10 April 1959, Page 16

CRANE DRIVER’S APPEAL

, Damages Claim At Greymouth (New Zealana Press Association) WELLINGTON, April 8. The Court of Appeal this morning began the hearing of an appeal by John Minto, of Paroa, a crane driver, against an order of Mr Justice Adams made in the Greymouth Supreme Court on November 13, 1958. which set aside the verdict of the jury for the respondent, the Great Northern Transport Company, Ltd. The appellant Minto was operating a mobile crane for the company at the Teremakau dredge site near Kumara when the jib of the crane came into contact with overhead high tension wires carrying 11,000 volts. When Minto attempted to descend from the cab of the truck he received a series of shocks which necessitated hospital treatment, the amputation of his left hand, and skin grafts to the right foot. Minto claimed £15.000 general damages and £1383 10s 8d special damages., The jury awarded £12,000 general damages and the £1383 10s 8d special damages, but found Minto to be guilty of contributory negligence to the extent of 33 1-3 per cent.

Judgment was therefore entered in the sum of £8314 2s. in favour of Minto. However, after hearing legal argument on behalf of the company, his Honour made an order setting aside the jury’s verdict and entered judgment for the company. It is this order which is now being appealed against by Minto on the ground that it is erroneous in fact and in law. Mr R. B. Harding, with him Mr Lawson, of Greymouth, is appearing for Minto, and Mr J. W. Hannan, also of Greymouth, is appearing for the company. The Court hearing the appeal comprises Mr Justice K. M. Gresson, president, Mr Justice North, and Mr. Justice Cleary.