HURT AVOIDING FALLING COAL

Hawera Star, Volume L, 18 December 1930, Page 7

HURT AVOIDING FALLING COAL

WORKMAN CLAIMS 13IG SUM

SHIPPING COMPANY SUED.

f (By Telegrttfii—Fr«ss Association.) W WEIaLINGTON, Dec._ 16. Damages amounting to £2150 are claimed by John Udall, waterside worker, Wellington, in an action brought against the Holm Shipping Company, Ltd., in the Supreme Court before the Chief Justice, Sir Michael Myers. The case is a, sequel to an accident which occurred on March 4 while Udall was employee! handling coal oil the company's hulk Holmwood. The hearing had not been finished when the court adjourned to-day. In his statement Udall said that while engaged in bunkering the steamer John a grab working the coal was allowed to discharge its contents so that some of the coal fell on him. He was obliged to move quickly to a place of safety and in doing so fell into a trimming hole on the deck which was unlighted and unprotected. It was alleged the company was negligent in failing to 'provide sufficient electric light to enable the men to work in reasonable safety, in permitting the ho>lo to remain open, unlighted and unprotected, and in allowing a> grab to be operated when there was not sufficient light for reasonable safety. Udall alleged he had been totally incapacitated since the accident. haying been, injured in the region of the right thigh, hip and groin. He claimed £l5O 10s special damages after allowing for £55 paid under the Workers’ Compen~4T Ration Act, and £2OOO general damages. * y He claimed the right to further payments under the Act in the event of the company being held not liable independently of the Act. The defence denied any negligence and urged' that Udall could have avoided the accident by the exercise of reasonable care. He was accustomed to waterside work and well knew that when a grab was working coal it did not drop it in one particular place, but. spread it out over the deck, and it was. therefore, necessary to keen away from the place where the coal lel I. U nlaintiff stood where the coal could fall on him ho was guiltv of negligence which was the cause of the accident. In evidence Udall said that during the early part of the evening they were rel vine on the Urn a for light, but. when the Holmwoecl’s deck was piled i-Mi with coal from the Komata the Tima’s gear had been dismantled and thev were left without light. Foreman Scantlebnry then had asked witness and another man to stay on, say- ‘ - he had to hunker the John. Thev •■■•etested against, working in the dark anil Fienntlehiirv had brought a liurri-,-mio I-it 111) and they uroceeded to esc bulk’s jroar. The accident occurred -bile Scaiitleburv was at the winch. T’-a grab iamined overhead when an effort'was being made to ad hist the fWrbk and the coal fell all round TT/lall. He iumned out of the way and fell into the hold. Evidence of several doctors was also heard.