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While working with a gang of men unloading cargo from the steamer Maitni at Wellington on .March 51, Thomas Caldwell was stun!: by some bags of superphosphates which fell from a brojion sling, and died from the injuries received.. liis widow sued the ’Union Company for £2,C00 compensation, and the jury disagreed. The case has been reheard at the huprome Court during the past three days. The jury considered two issues—(1) Did the company exercise due care in permitting the use of the sling m question? (2) Could the deceased by the exercise of such earc ns he ought to have exercised under the circumstances have avoided the injuries received? The jury found the following answers : —No. 1. “ No”; No. 2, " ies and assessed damages at £640 for the widow and £6O for the son. t

Mr Justice Edwards pointed out that the- verdict was practically one for the defendant company, as the jury had found that the deceased had not exercised sufficient care. The Foreman said the jury had not intended the verdict to be for the defendant. It thought chat both parties were to a certain extent responsible. The Judge pointed out if the man was guilty of negligence he ’couid not recover. Counsel replied that the deceased could not have known that the sling was defective. His Honor said, that in the circumstances he could not givo jndgment at present. Ho thought that under the statute he would have to ,go on with the claim under the Compensation Act. Mr Wilford said the company’s offer of the maximum of £SOO still held good. Eventually the whole matter was adjourned until a date to be fixed.

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Bibliographic details

A COMPENSATION CLAIM, Issue 15666, 3 December 1914

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A COMPENSATION CLAIM Issue 15666, 3 December 1914

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