THE BY-LAWS

Dominion, Volume 12, Issue 124, 19 February 1919, Page 10

THE BY-LAWS

Henry Harris, who pleaded' guilty to driving his vehicle through Lambton Quay at night without lights, was ordered by Mr. F. V. Friiiier, S.M., to pay 7s. costs; and Allan Ronald Keanc was similarly penalised for- allowing liis motor-cyclo to be left, ntamlim,' in Riddii'ord Street at night without lights. CLAIM FOR COMPENSATION. Reserved judgment was delivered by Mr. W. G. Riddell,- S.M., in the case of Victor Owler against Huddart, Parker, Ltd., a claim for .£B4 fls. 10d. for damages for injuries received on July 25, 1018, while in the employ of tho defendant company. It was stated that plaintiff was employed among others trimming coal on s.s. Ulimaroa, and in order to get into the bunkers of tho steamer it was necessary for the .trimmers to descend one of the ventilators. .While going, down the ventilator in the afternoon a large lump of coal fell from a trolley which had been tipped at of a temporary raised tramway, and accidentally rolling into the ventilator struck plaintiif in his descent. Plaintiff \was severely hurt, and contended that his injuries were duo to tlio negligence of defendant company's servants in failing to place a grating for tho purpose over the mouth of the ventilator, and further negligence in cither excessively loading tho trolley or improperly placing tho basket contain-' ing the coal on the trolley so that the lump of coal was displaced. -

Tho Magistrate said that from the evidence presented ho was unablo to say that there was negligence on the part of tho company's servants in the loading of the ccmi to the. trolley. "It seems' to me," observed His Worship, "that in such a case some duty lies on those employed in coaling operations as well as upon employers to take reasonable precautions to preserve themselves from injury, and if plaintiff had taken the precaution of drawing tho grating over after he started to descend tho ventilator ho would not have been injured." The Magistrate said h-3 was unable to hold that defendants vere liable for the damages claimed. Plaintiff was nonsuited, with costs ,£-1 is., but was allowed .CI 11s. Bd. compensation admitted to bo unpaid. At the hearing Mr. P. J. CRegan appeared for plaintiif and Mr. A. W. Blair for the defendant company.