WHARF ACCIDENT

Evening Post, Volume XCIII, Issue 129, 31 May 1917, Page 8

WHARF ACCIDENT

A WATERSIDER'S .CLAIM.

Before his Honour the Chief Justice (S,ir Robert Stout) and a jury of twelve in the Supreme Court to-day, George Canrwe]l, of Wellington,, waterside worker; claimed from the Blackball Coal Company, Ltd., shipowners, the sum of £501 as damages for injuries sustained in an accident which 'occurred on 6th October. -f

The statement.of claim set out that Camwell was engaged in discharging coal from the_ Blackball Companyjs vessel, his duty being to receive baskets of coal from the hold and wheel'them along-a plank; 18in in j width, to the railway trucks; To do this' he had to.stand on the plank, which was 10ft above the wharf .deck. While so doing lie, was struck by a basket of coal, and knocked off the plank, thereby sustaining fractures of the shoulder bones and other injuries. Plaintiff contended that the accident, occurred through tlie basket of coal being allowed to ' swing too far; owing: to the inexperience or else negligence of one of the company's servants — the,, "bull-rope" man. The. defendant company admitted liability for workers' compensation, and was paying £1 18s 6d per week, but plaintiff also claimed damages. The statement of defence alleged that defendant's incapacity to work was due not to his injuries but to chronic rheumatism. .The allegations of negligence were denied, and it was stated by the Company that the accident was caused by plaintiff's own negligence, in that he failed to attend to what he was doing, and while thus negketing his duties, he received a slight knock which caused him to fall to 'the wharf. As- a further defence, the Company said that the accident was inevitable, caused without negligence. Mr. P.' J. O'Regan appeared for plaintiff and Mr, E. K. Kirkcaldie for the defendant Company, (Proceeding].