MAN KILLED BY GRADER

Press, Volume XCVIII, Issue 28895, 15 May 1959, Page 9

MAN KILLED BY GRADER

Widow’s Claim Fails

(New Zealand Press Association) HAMILTON, May 14. ii verd^c i that there was no negligence on the part of either defendant was returned by the jury in the case heard before Mr Justice Gresson in the Supreme Court, at Hamilton, in which Winifred Johanna Goodchild, widow, of Christchurch, sought to recover £6OOO damages from Emoleum (Contracts) Ltd., Rotorua, and Ernest Langley, grader contractor, Rotorua. The claim arose from the death of plaintiff’s husband, Thomas Russell Goodchild, during the course of his employment. The plaintiff was represented by Mr M. J. Minogue. Mr K. L. Sandford represented Emoleum (Contracts) Ltd., and Mr A. L. Tompkins, Q.C., with him Mr D. L. Tompkins, appeared for Langley. It was stated that Goodchild died as the result of injuries received while he was working for Emoleum (Contracts) Ltd., on road-making work at Whakamaru on February 22, 1957. During the hearing plaintiff said she had been separated from her husband for nine years. Of the three children of the marriage two were now employed, while plaintiff herself was working. The youngest daughter was unable to work owing to a disability. Langley said that as he was reversing his grader he saw Gqodchild standing by a truck. Witness then backed his grader further. He saw Goodchild walking at an angle across the road well away from the grader. On turning round later, he saw Goodchild lying on the road. He felt no bump. Witness said he was reversing at the rate of about two and a half miles an hour at the time. Mr A. L. Tompkins suggested that Goodchild was negligent in failing to keep clear of the grader and that his death was not due to anyone’s negligence.