A WATERSIDE ACCIDENT
FULL COURT REVERSES A VERDICT.
The Full Court to-day gave its judgment in the case of John William Boyce against the Union Steam SMgCompany of New Zealand. Boyce, in ffie original action, proceeded against the company for damages in respect of an accident on board the eteainer Komata on 28th February, 1922. The jury gave its verdict in favour of the plaintiff, and the defendant company applied to the Full Court for a new trial on the ground that the verdict was against the weight ot the evidence, and for a nonsuit r.1,-1- t I .course oi his judgment, the Onief Justice said the case was a peculiar one The plainitff was , a waterside worker working on board the steamship Komata, belonging X the defendant company. In going along the deck the plaintiff put his foot on a piece of rope and fell and broke his leg. The accident took place on 28th February, 1922 and the plaintiff did not issue his writ or commence his action until 19th July, 1923. He never made the claim on the defendant company that was made in the action until a short time before the issue of the writ. He received from the defendant company payments made under the Workers' Compensation Act for the accident, but never hinted to the defendant company that he was goinc to claim damages under what was called a Common Law action. No doubt it might have happened, and possibly had happened, that witnesses who might have been called were not called because of the great delay—about eighteen months —that had taken place before this claim was brought before the Court. The defendant company, however, had treated the man fairly by paying him money because of the ' accident.
After reviewing the evidence, his Honour expressed the opinion that judgment should be entered for the defendant company with costs. In this view other members of the Court concurred.
At the hearing, Mr. 0. C. Mazengarb appeared for Boyce, and the Union Company was represented by Mr. P. Levi and Mr. C. G. White.
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https://paperspast.natlib.govt.nz/newspapers/EP19231101.2.91
Bibliographic details
Evening Post, Volume CVI, Issue 106, 1 November 1923, Page 8
Word Count
347A WATERSIDE ACCIDENT Evening Post, Volume CVI, Issue 106, 1 November 1923, Page 8
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