CLAIM BY WATERSIDER

Evening Post, Volume XCVIII, Issue 31, 6 August 1919, Page 11

CLAIM BY WATERSIDER

INJURED BY PALLING COAL.

Reserved judgment was delivered by Mr. W. G. Riddell, S.M., yesterday regarding the cajse of Victor Owler, waterside worker, for whom Mr. P. J. o'R«gan' appeared, against the Huddart Parker Company, Ltd., on whose behalf Mr. A. W. Blair appeared. Plaintiff claimed £84 Os 10d damages in respect of injuries received on 25th July, 1918, through being struck by a quantity of coal which fell down a ventilator by which he was descending to commence work in the hold of tha steamship Ulimaroa. Plaintiff contended that nis injuries were due to the neglect of the defendant company's servants in failing to place a grating over the ventilator opening and also in failing to provide reasonably safe baskets for the conveyance of coal along the overhead tramway from the hulk to the steamer. . '_

i Plaintiff first instituted? proceedings in February last, bnfc was nonsuited on the ground that he had failed to prove negligence on the part of tho company and also that ho himself had been guilty of. contributory negligence in cot lowering the grating as he descended. Fresh evidence was -called at the second hearing to the effect that the plaintiff could not. have lowered the grating himself when he had entered the ventilator, as it had been lashed back by some person or persons, whose identity was not, however, disclosed. His Worship yesterday found for plaintiff, for, he said, contributory negligence on his part was not evident when the whole of the evidence called wasi reviewed, and, on, the other hand, the falling of coal' from the overhead trolley during coaling' operations was a matter which should have been foreseen and provision: mads by the company to prevent it from getting into the ventilator, which in that ship was the only means of gaining access to the bunkers. The means takei^ to prevent such a fall of coal were deficient and the defendants must be held liable. Judgment would therefore be given for plaintiff for the amount of his claim, which included £29 16s as half wages for eleven weeks, £4 4s hospital expenses, and £50 general damages. Plaintiff would also be allowed £2 10s costs and a solicitor's fee of £5 4s.