NEW TRIAL STARTED

Dominion, Volume 30, Issue 192, 11 May 1937, Page 2

NEW TRIAL STARTED

Negligence Alleged in Wharf Accident The new trial in the case of Robert Hansen, waterside worker, aged 53, of Taita Lower Hutt, who originally claimed damages totalling £lOl4/12/- from the Shaw Savill and Albion Co., Ltd., as the result of a fall from a gangway, was begun. in the Supreme Court, M ellington. yesterday, before the Chief Justice (Sir Michael Myers) and a jury of 12. Mr F. W. Ongley appeared tor Hansen, and Mr. E. D. Blundell acted for defendant company. . In plaintiff's statement of claim he alleged he ‘fell a distance of 20ft., when a gangway on which he stood collapsed. He suffered chest and heart injuries which made him unfit for work. He alleged that the gangway fell because of defendant company’s negligence in unlashing it before the crane gear was hooked to it. Defendant company denied negligence. It was admitted plaintiff had been injured, but if in the manner alleged, the accident was due to plaintiff s own negiiPlaintiff claimed originally total damages amounting to £lOl4/12/-, and was awarded £S2I damages. Defendant company applied for a new trial, on the grounds that the verdict was against the weight of evidence. This was granted by Mr” Justice Blair, but appealed Against bv Hansen, but a majority decision .111 the Court of Appeal held that a new trial should take place. The case will be continued this morning. _