LAW REPORTS.

Dominion, Volume 1, Issue 214, 3 June 1908, Page 2

LAW REPORTS.

SUPREME COURT. _ «v h CIVIL SITTINGS. |; WORKER CLAIMS £1500 DAMAGES. f< o JUDGMENT RESERVED. o Tho case between Arthur John Usher, labourer,. and tho Federal Steam Navigation Co., Ltd. —a claim for £1500 damages in re- a spoct of personal injuries—was hoard yes- c torday before Mr. Justice Chapman. ; r Mr. Wilford (with him Mr. Levi) appeared c on behalf of tho plaintiff, and Mr. Skerrctt, K.C. (with him Mr. Lusk), for the defence. Tho statement of claim s<st forth that dcfondants were tho owners of the s.s. Surroy, which was, on March o, 1907, moored at tho Queen's Wharf. Plaintiff was in tho omploy of Archibald Allan Thomson (trading I lis a steyodoro under the style of Gannaway ; and Co.), who had a contract in connection with tho discharge, of cargo. Upon the completion of work in No. 3 hold, plaintiff and others were engaged as part of their duties in replacing tho hatches, and plaintiff, in so doing, was, without negligence on his ■part, standing upon portion of tho hatches, which had been replaced, and was,in tho act of replacing others, when the hatches upon which ho was standing suddenly gave way, and ho was thrown to tho bottom of the hold.. The' cause of the hatches giving way was allegod to bo'that a beam of wood upon which tho hatches rested was too short in length. Plaintiff's injuries consisted of a liadly-broken arm, the use of which , was permanently lost, and injuries to his head and tho uppor part of his body, and it was claimed, that by reason of such injuries lie ■was incapacitated from following his regular or any occupation. He, therefore, claimed from the defendant Company £1500 damages. - . ' ' : Mr. Skerrett informed the Court that the parties had come to an arrangement with reference to the hearing of the case. Although a defonce had been filed denying liability, it had been agreed that, without any admissions being made as to tho'rights of tho parties, ha should submit to judgment for such damages as the Court might award after evidence had been called. My. Wilford stated that, the evidence j would'"bo. confined to that of plaintiff, the doctofs, and' plaintiff's former employers., ' Plaintiff, in evidence, stated that he was 41 years old and unmarried. Prior to tho dato of'the accident he had worked on tho Home boats. In summer he had earned £5 tp £6 por week, and in winter 30s. to £3 par week. His wages all the; year round averaged not less than £3 por week. ; The distance he fell'was about 42.feet, One of hife fellow-workmen, named Baird, was killed as a result of tho hatch giving way. Plaintiff had been under anaesthetics at least, ten tipics. At present, be was physically unable to follow his ordinary occupation: Mr. Skorrett. then cross-examined plaintiff, ■ who stated that he had not visited the Hospital. , Mr. Skorrett: You will contradict Dr; Ewart if he says that tho condition of your | arm is duo to your own neglect?— Witness: ; Certainly. ; i Dr. Ewart, medical superintendent at the t Hospital, deposed that plaintiff's injuries in- , eluded a compound comminuted fracture of

the forearm. _ Cross-examined, witness stated that it plaintiff had continued regularly the treatment prescribed for him there would have been greater improvement in the condition of his arm. Plaintiff would never be able to •grasp ..anything properly . nor lift weights witli the ,injured arm. There would ultimately Bo no stiffness in the ' elbow, or shoulder. : •' In; his opinion, the arm would never bei-as .strongtias formerly oyTriK-.r;.. ; Peter Brownj of ■ the New Zealand Shipping Company, said that prior to the plaiiitiff'' was a good all round man. - -■*' . ■ Arch. A. Thomson, stevedore, ..deposed that if plaintiff wals liable to - turns of: giddiness •.he was not fit'.to be near.a.ship'.' - . .1 • ; This closed the case for the plaintiff. On behalf of the defence, Dr. James stated that the bones had now firmly united, and 1 .Were in. good position. The most important movements could be carried out freely. There was room for that great improvement would ensuo if massage treatment were carried out. .- i witness stated that he could not guarantee complete recovery within six months; - _ ■ Dr. Herbert gave similar evidence. Decision was reserved.;

IN CHAMBERS. 'J Mr. Justice Chapman held a sitting in Chambers yesterday morning. , Letters of administration were granted in the estates of the following deceased persons on the application of the Public Trustee:—. Albert' Edward Benefield, fruiterer, Wanganuij Geo; Gapes, gentleman, Waikanae; Annio Hicks,' married woman, Wellington J Heinrich John, farmer, Tiratu, Hawke's Bay; Thos. A. Lav, 'son, engineer, Auckland; Wm. Moloney, settler, Wairoa; and Mary Williams, widow, Hawera. . On the application of the Public Trustee',' probates of the wills' of the following deceased persons were, granted:—John Hall, Presbyterian minister,' Auckland; Wm. C. Harrison, gardener, Oamaru; Kezia Norton, 'widow, Woodend, Canterbury; John p. Lascolles, settlor, New Plymouth; Helen Dick Forest, widow, New Brighton; George Buchanan, cordwainer, Nelson; Chas. Simmonds, iron-mouldor, Napier; Arthur K. Wilson, coachbuildor, , Greenmeadows, Hawke's Bay: Lucy Sarah Tronsen, married woman, I Napier; and Mary Yale, widow, Campbelltown; Probate was also granted of the wills of Frederick E. Harris, Taratahi (Maunsell and Hart) and Jane Bicknell,. Greytown (R. Ward Tate).