PETONE ACCIDENT

Evening Post, Volume CVII, Issue 61, 15 March 1929, Page 10

PETONE ACCIDENT

■APPEAL.CfoURT CASE

An appeal from the decision of Mr. Justice Smith, who awarded damages to Robert Davies, a metal-worker's assistant, as a result of an accident during the erection of the railway' workshops at Petono in December, 1927, came before the Court of Appeal to-day. On the Bench were their Honours Mr. Justice Herdman, Mr. Justice MacGrcgor, Mr. Justico Ostler, and Mr. Justice Kennedy. The accident occured while Davies was employed by the Sir William Arrol Go., Ltd. He was one of a. gang which was engaged in lifting bundles of steel bars with the- aid of a crane. Somo of the bars fell from th© sling during the operation, and Davies's left hand was caught and severely injured. He claimed £800 damages, alleging that Hie accident hail lieon caused through the company or its servants using a dangerous method, of handling, the bars, failing to place the sling securely round the end of all the bars, failing to lower the bars on to a wooden . support before a second sling was adjusted, and employing an inefficient foreman to direct the operations. The company denied the allegations, and contended that the injuries had been caused by negligence- on the part of Davies in placng his hand inside the loop of the sling. In awarding £569 damages, his ' Honour held that the company was liable for tho negligence of its foreman in failing to have the bundle lowered on to timber. He held, further, that no contributory negligence had been proved against Davies. The appeal is based on' the ground that the finding of negligence against tho company was not warranted and was based on a misconception of the circumstances obtaining at the.time of the accident. It is also submitted that the accident was duo solely to the negligence of Davies" in' placing his hand inside the loop of the sling. Counsel i'or tho appellant company are Mr. P. B. Cooke and Mr. G. G. Watson. Mr. O. C. Mazengarb, with him Mr. James, is acting for Davies. • (Proceeding.)