COURT OF APPEAL

Dominion, Volume 11, Issue 15, 12 October 1917, Page 3

COURT OF APPEAL

A WHARF ACCIDENT

CLAIM FOR £2500

The Court of Appeal yesterday jieard argument upon motions for judgment in the case of David John Miller, of Lyttolton, wharf labourer, against the Union Steam Ship €0., Ltd. The plaintiff Miller in the Supruno Court alleged . that while employed at Lyttelton as a labourer on a vessel owned by the eomHpany he fell to the bottom of the hold as a result of having to eland on a defective 'hatch-leaf. He sustained a fracture of the spine and complete paralysis of both lower Unite, and ho was permanently incapacitated. The accident, he alleged, was due to the negligence of the defendant company, and ho claimed as general damages .£25(10, and as special damages £oi 10s. The defendant company denied all the allegations contained in the statement of claim. .It contended that if there was any negligence for which it was responsible, such negligence was the negligence of someone in common employment with the plaintiff, and therefore- tho plaintiff was not ontitled to recover more than .£SOO by way of damages. The jury found a verdict for the lull amount, and the plaintiff's solicitor moved for judgment for that sum. Iho defendants applied to have the amount reduced to .6500, and the applications were removed by the Judge before the Court of Appeal. Yesterday the matter was argued by Mrs. S. G. Raymond, K.C., and Mr. 1. lv. Hunt (for the plaintiff), and Mr. O. P. Skerrett, K.C., and Mr. H. J. Beswick (for the defendant company). • The case was not concluded when the Court rose.