WATERSIDER'S DEATH.

Gisborne Times, Volume LIII, Issue 5537, 20 July 1920, Page 6

WATERSIDER'S DEATH.

CASE BEFORE, APPEAL COURT.

WELLINGTON, July 19

The Court of Appeal was engaged this morning hearing the case Redfern v. New Zealand Shipping Company, on appeal against the judgment of His Honor Judge Chapman. Plaintiff’s husband met his death by falling down an open hatchway on the s.s. Ayrshire on July 7, 1919. He was one of a gang working Hold No. 4, the direct wav to which was down a perpendicular ladder. He was last seen near the hatchway. At about’ 6 o’clock next morning his body was found at the bottom of hold No. 5. Work had been going on at this hold, earlier in the day. Tlie hatches on the shelter deck at this hold had not been put .on, but the hatches on tlie main deck were on. Deceased seemed to have gone down the companion way from the main to the. shelter deck, and then to have passed along this deck on his way to work, and through some cause to have fallen into the open hold. Tlie ladder to No. 4 hold was lighted, hut the way taken by deceased was dark. Plaintiff and her child claimed damages for .negligence of defendant in leaving No. 5 hold unguarded, and in leaving the way from No. 4 to No. 5 unobstructed. The jury found for plaintiff and awarded the widow £I2OO and the child £6OO- Leave to move for a nonsuit was reserved at the end of plaintiff’s case, and on this motion Judge Chapman nonsuited plaintiff. Mr. O’Regan appears for plaintiff, and Mr. Richmond for the defendant company. Mr. O’Regan chiefly relies on a breach of regulation 41a under tlie Harbors Act, 190 S, in that the hatch down which the man fell was not lighted. After hearing Mr. O’Regan the Court postponed further hearing of argument till 10 to-morrow when, if necessary, they will call on Mr. Richmond. —Press Assn.