DAMAGES FOR BROKEN LEG

Dominion, Volume 17, Issue 287, 21 August 1923, Page 8

DAMAGES FOR BROKEN LEG

WATERSIDER’S SUCCESSFUL CLAIM. A case in which John William Boyce, of Wellington, .ivaterside worker, claimed £561 J.S. from tho Union Steam Ship Company, was heard yesterday in the Supreme Court before Mr. Justice Salmond and a jury of twelve. The claim was in respect of a broken leg, sustained bv the plaintiff on February 28, 1922, while unloading coal on the defendant company’s steamer Komata. It was stated on behalf of plaintiff that when stepping over a sling of dunnage on the ship, to take up a now positon, he tripped on ihe loose and frayed end of a wire hawser which was lying loosely on the deck, breaking his light leg above the ankle. It was contended that the accident happened as a result of the negligence of the defendant company or of a sen-ant or servants. The injury had necessitated hospital, medical, and massage treatment since the date of the accident, and caused total disability to work. The amount claimed was made up of medical expenses £79 Is., loss of wages £132., general damages £350. After tho case for the plaintiff had been heard, Mr. P. Levi, on behalf ot the defendant company, applied for a nonsuit (which was not granted) on the ground that plaintiff had not established negligence. . The defence was a complete denial of the allegations contained in the statement of claim as to negligence on the part of the company or of its servants.

The jury retired at 5.30 p.m., returning at 6 o’clock with a verdict for the plaintiff for the sum of £750, the maximum allowable under the statute, less the amount of compensation already paid, £2lO.