CRUSHED BY LOG

Northern Advocate, 15 August 1935, Page 8

CRUSHED BY LOG

COMPENSATION CLAIM WATERSfDER SEEKS DAMAGES SHIPPING COMPANY SUED # f Special to "Northern Ad,vocate.”l AUCKLAND. This Day. In the Supreme Court yesterday before Mr. Justice Fair, Hugh Douglas Draper, waterside worker, of Kawhia, claimed damages totalling £651 from the Northern Steamship CO., Ltd., for compensation. Mr. P. J. O’Regan (Wellington) appeared for plaintiff, and Mr. Cocker for the Northern Steamship Company. Mr. O’Regan that the accident happened on June 20, 1934, when Draper was assisting to load 1 logs on to the Rcnaki at Te Waitere wharf, Kawhia. While he was stowing logs in the fore-hold his head was jammed and crushed by a log against a beam. His skull was fractured, he was unconscious for six hours, and was totally disabled until March 27 last. Rlaintiff claimed that he had suffered a permanent, diminution of hearing of the right ear and serious permanent damage to the optic nerve of the right eye. He alleged that the company had been guilty of negligence in not employing a hatchman. The industrial agreement requires a company to employ four or more men in the forehold, whereas it was employing only two. Draper claimed £l2O for loss of wages, £3l for expenses, £SOO general damages, making a total of £651. The defendant company admitted 1 that the accident had arisen in the j course of plaintiff’s employment, but j claimed that it had paid: the full com- [ pensation due under the Workers’ Compensation Act, of 1922. It denied all negligence. Mr. O’Regan said that the plaintiff had already been granted compensation at the rate of £2 18/8 per week for six months. The circumstances of the accident were peculiar. Dr. E. I. A. Macdonald, ear, nose and throat specialist, said that Draper was hard of hearing in his right ear. The deafness was of a type such as would probably follow head injuries, and was probably permanent. Plaintiff’s Evidence. Evidence that plaintiff had a considerable contraction of the field of vision of the right eye was given by Dr. H. V. Coverdale. oculist. In his opinion, the condition had been caused by cerebral haemorrhage. Plaintiff said he was 51 years of age, and that before the accident he had stowed one set of logs in each wing of the hold. With a mate, he was trying to push a suspended log forward. It was between Gft. and 7ft. long, and ■ between 3ft. Gin. and 4ft. through. Pushing the log was the Inst lie remembered about the accident. After nine days in the Kawhia Hospital, lie ■was taken to the Waikato Hospital, at ;

Hamilton, where he remained for eight 'days. It was nine months, before he could undertake manual labour. The log he had been handling was too awkward for two men. There was no hatchman, and they could not see the winchman from where they were at the time of the accident. Philip Gray, seaman, of the crew of the Ronaki, who had been working with Draper at the time of the accident, said that they were just beginning to stow the second: row of logs. Draper and he were trying to push the log as far forward 1 as possible when he saw Draper come from behind the log and fall “as a man does when he is shot.” He fell upon- the logs. The work would have been easier if they had had! a hatchman. Dr. J. Caughey said that Draper had complained of headaches, surging noise in the right ear, loss of memory, difficult} 7 in concentration, and a definite change in personality. Ho was more irritable than previously, and he appeared to be depressed. Witness did not think he was at present fit for manual work. The injury to the skull was consistent with crushing. After evidence had been called by the defence to show that the methods used on the day of the accident wore customary, his Honour found there was no evidence to support the claim of negligence made by plaintiff, and judgment was given for defendant company with costs.