CLAIM FOR DAMAGES

Dominion, Volume 23, Issue 73, 19 December 1929, Page 20

CLAIM FOR DAMAGES

ACTION DISMISSED Oral judgment was delivered by,the Chief Justice (Hou. JI. Jlycrs) in the Supreme Court yesterday morning, in the case in which Konrad Petersen, waterside worker, claimed £643 damages . from Ganna way and Company, Ltd., stevedores, following an accident which occurred on the steamer West Nivaria in October, 1927. Referring to the delay* in bringing the action, His Honour said it was quite true that the plaintiff had a period of some years in which to bring the action, but a delay of a couple of years in commencing a case was, to say the least of it. to be discouraged. However, it did not in the least affect his method of consideration of the case, nor the opinion he had formed. He had considered the evidence very carefully, and had come to the conclusion that the plaintiff was not entitled to recover at common law. He did not doubt the honesty of intention of the plaintiff and his witnesses, but he could not help thinking that, honest as they might be, their evidence was based very much upon an ex post facto consideration of the case, and it was, well known how easy it was for witnesses, although perfectly honest, to talk the matter over and be persuaded as to the correctnes’s of the view of that one of them who was most dominant. The sole witness for the defence impressed him very much, not only as an honest witness, but as one whose observations could be accepted. It was necessary .for the plaintiff to prove negligence, proceeded His Honour. He did not think negligence had been proved. The plaintiff had proved that the accident might have arisen from various causes, some of which were consistent with negligence, and others not. How in such circumstances, therefore, could it be said that he had proved negligence? The action was dismissed, the question of assessment of the compensation for which it was admitted the defendant was liable under the Workers’ Compensation Act being reserved. Mr. 0. C. Jlazengarb, with him Mr. H. J. James, acted for the plaintiff, and Jlr. C. A. L. Treadwell, with him Jlr. E. Parry, for the defendant.