THE MAHURANGI FATALITY.

Northern Advocate, 8 December 1916, Page 2

THE MAHURANGI FATALITY.

WIDOWS CLAIM RAILS.

JUDGMENT FOR THE COMPtAXY

A decision was given at the Supreme Court in Auckland on- Wednesday j afternoon iii tile action brought by Mrs Florence Johnston, the widow of a waterside worker, to recover £2000 damages from Wilson's Portland Cement Company, of Mahurahgi Heads, for the death of her husband. The special jury of twelve found that the defendants were hot responsible' for the accident. It was alleged on bohalf of the plaintiff that the fall of a derrick aboard the defendants' steamer Mahurangi, which caused the fatality, was due to the defective condition of two ropes—a guy and a fall The contention of the defence, on the other hand, was Hhat the guy was snapped by a sudden jerk coming from the winch of the steamer Westralia, which was taking in cement from the Mahurangi at the time. ■ After hearigg tho addresses of coun-sel-and hiS:Hcmour's summing-up, the .jury-'retired,-and on returning three hoars later found that the guy and fall ropes were not defective in con dition, that the rigging of the derrick was sufficient and adequate, that the Mahurangi's winchman used reasonable care, and that there was not sufficient evidence to enable the jury to state whether the Westralia's winchman used reasonable care. Xo answer was returned to the questions asking the jury to determine the cause of the accident and to fix dam-

ages. Judgment, was accordingly entered for the defendant company, which agreed to waive its claim for costs. The case was heard before Mr Justice Hosking. Mr P.-*T. O'Regan, with Mr A. E. Skelton, appeared for the plaintiff, and Mr M G. McGregor for the defendant company. ■ tVt an earlier stage of the case Mr Skelton stated that he had commenced a separate action under the Workers' Compensation Act in order to safeguard the plaintiff's irghts in that direction, the present defendants not being deceased's employers at the time of his death.