KILLED IN A HOLD

Evening Post, Volume LXXXVIII, Issue 132, 1 December 1914, Page 2

KILLED IN A HOLD

CLAIM FOR £2000 COMPENSATION. CASE CONTINUED BEFORE SUPREME COURT. The hearing of the claim of £2000 by Lucinda Caldwell against the Union Steam Ship Company, arising out of the death of her husband, Thomas Caldwell, through the breaking of a sling of superphosphates while working in the hold of the Maitai on the morning of 3lßt March last, was continued at the Supreme Court? yesterday afternoon, before his Honour Mr. Justice Edwards and a special jury of twelve. Tho action is a_ re-trial, the common jury in the previous case (heard in May last before his Honour Mr. Justice Hosking) having failed to agree. Mr. A. Gray, K.C., with Mr. E. J. Fitzgibbon, appeared for the plaintiff, and Mr. T. M. Wilford and Mr. P. ' Levi for the defendant company. Continuing the evidence for the plaintiff's case, Victor Batson stated he was working in the same hold as Caldwell. He saw a "dark mass" coming down the hatclv and Caldwell was buried among the sacks of superphosphates. To Mr. Wilford : A reasonable load would be from eight to nine sacks. A hatchman on the deck warned the men below just before the weight was taken and after the sling was made up. That warning was given on every occasion before the sling went up, and on the occasion of the accident. Edward Bradley, who was working with Caldwell on the morning of the fatality, also described the accident. In answer to a question by his Honour, witness stated that he had seen three or four slings break in one day. His Honour : That seems rather to be carelessness. The witness replied that a sling might be damaged^ without anything being known about it. "If they had to examine every sling particularly," said witness, "they would have nothing else to do. We often see slings break which you would hardly think would break." Among the other witnesses was Edward Peterseri, a wharf labourer with thirty-three years' experience. Ho said that the practice when the cargo was loaded was to throw the slings on to the top of the cargo, and then put the hatches on. When the cargo was to be unloaded the slings were taken off the top of the cargo and used. Tho ends showing in the sling (produced) might lead a man with experience to throw the # sling aside. With "dumping" (which it was alleged was in operation when the fatality happened) it took a man all his time to keep the slings going. From thirty-five to forty tons could be unloaded at one hatch in an hour "by dumping," whereas from fifteen 'to eighteen tons was the ordinary quantity. If a man looked up every time when the slings wero- going up lie would not be able to keep the slings going. If witness had no reason to suspect a sling he would stand underneath it, if ho thought it was properly loaded. When the case was resumed this morning a considerable amount of expert evidence was heard regarding ropes and the methods of handling cargo. CASE FOR THE DEFENCE. The defence was then opened. Thomas Kerwin, who was hatchman at the No. 1 hold of the Maitai on the day of the accident, said it was his duty to see that all the men kept out of the road when the gear was in motion. His custom was to warn the men underneath at every hoist. It was customary to sing out "Stand from under," or "Get out of the road." On the occasion when tho sling broke witness gave the warning for [ the men to clear before he took the weight. That particular sling was made up in the square of the hatch, as it had capsised previously. The load came up steadily, and it was after it was above the combing and was just about to swing towards the wharf that it gave way. There was a sailor in charge of the slings in the hold, and it was his duty to look after the gear and the cargo. Caldwell and Bradley had no right to move out from the wings while the sling was above the square of the hatch. Any worker was entitled to object to; the use of a rope of which he was suspicious. JMr. Wilford : Did Bradley and Caldwell get out of the way when you warned them?— Witness: Yes. (Proceeding.) j