FELL DOWN THE HOLD.

Dominion, Volume 4, Issue 1148, 8 June 1911, Page 5

FELL DOWN THE HOLD.

JURY ASSESSES DAMAGES AT ,£2OOO,

(By Telegraph—Press Association.) Christchurch, June 7. At'the Supreme Court t'o-day, before his Honour Mr. Justice Denniston and a special jury of twelve, the case of F. S. and I*'. L. Dummer v. the Shaw, Savill,. and Albion Shipping Company, Ltd., was continued. The claim was for ,£ISOO for bodily injury on tho part of the wife, and .£looo'on the part of the husband for loss of his wife's services and assistance. Tho injuries were received by Mrs. Dummer while on a voyage from England to New Zealand by the steamer Tainui, through falling down the hold. Mr. G. Harper and Mr. Stringer addressed the jury on the issues which had been decided on as follow:—

(1) Was the bunker hatch opened for tho purpose of supplying coal for. the steaming purposes? (2) If so, was tho hatch kept open longer than was necessary for the purpose of supplying of lighting to the hold? (3) Were, defendants guilty of negligence in not warning passengers of the open hatch and in not keeping t'hem off that, part o.f the ship? (i) What damages aTO the respective plaintiffs entitled to? The jury brought: in a reply of "Yes" to each of the first three issues, and on the fourth issue assessed the damages duo to tho male plaintiff,at ,£750, and to the female plaintiff at .£1250. i Mr. Stringer, applied for an order accordingly.

His Honour said he would reserve his decision until d law point regarding the ticket under the Act of- navigation had been settled. .