NON-SUITED

Northern Advocate, 10 June 1933, Page 9

NON-SUITED

ACTION BY W.ATERSIDER. INJURY ALLEGED. (Per Press Association.—Copyright.) CHRISTCHURCH, This Day. Counsel for the defendant parties j moved for a non-suit yesterday in respect of the claim fo £IOO which was? heard by Hr H. A. Young, S.M., in the Lyttelton Magistrate's Court, the plaintiff being Harry Hutson, a watersider, who alleged that live employers of labour had combined to injure him in his calling. Defendants weie Arthur Knight Dyne, stationmaster at Lyttelton; Robert C. Chitage, .agent of the New Zealand Shipping Company; Walter Scott, master marier; Joseph -Garrard, branch manager for Kinsey and Company; and Thomas Henry, wharf superintendent for the Union Company, all of whom denied combination in refusing to give plain Ii ff worh. Counsel stated that in March plaintiff was bound over on a charge of assault. He had thrown a hnife along a table and the knife unfortunately struck the foreman, and plaintiff was charged with assault. The magistrate, Mr C. D; .Mosley, then stated that the case was not as serious as it appeared. In moving for a non-suit, counsel for defendants argued that if the real purpose of a combination was not to injure plaintiff, but to defend certain other persons, an action for damages could not succeed. I’l.aiiitilV must prove there was a conspiracy with the object of doing harm to him, and ol this there was no proof. It was ilenled that there was any combination. It was admitted that on some oei asions some employers had refused to employ Hutson, bill the employers had acied to protect (heir own interests. They considered Hutson was dangerous and a menace, and might cause trouble among their own employees on the waterside. The magistrate said lie agreed wit a tlie contention of counsel tor deiendants. Ho would go further and say that, if then' were a combination, its real purpose* was not to injure* plaiut iIV, but to protend oilier workers. The application for a non-suit was 1 upheld.