ACTION AGAINST THE UNION STEAMSHIP COMPANY.

New Zealand Herald, Volume XXIX, Issue 9027, 4 November 1892, Page 5

ACTION AGAINST THE UNION STEAMSHIP COMPANY.

■ —* [BY TELEGRAPH—PRESS ASSOCIATION.] Wellington, Thursday. The case Claridge v. the Union Steamship Company was argued in the Court of Ap< peal to-day, before Judges Richmond, Williams, and Conolly. The appellant Claridge is a lumper, who was in August, 1891, in the employ of the Canterbury Stevedoring Association, and in the course of such employment he was engaged in discharging coal from the respondent company's steamer Orowaiti, at Lyttelton. In accordance with the terms of standing contract; between the company and the Stevedoring Association, the company provided from the crew of the steamer a winchman, and a man to work the boll rope. Claridge, whilst discharging was going on, was severely injured by the negligence of the winchman. Ho brought an action to recover damages from the company, and damages were assessed by the jury at £1600, subject to its being held that Claridge was entitled to recover. Judge Denniston, before whom the case was tried, held, however., that, for the time being, the winchman had ceased to a servant of, or under control, of the company, and had become a servant subject to the control of the Stevedoring Association, and that the company was therefore not responsible for the winchman's negligence. He therefore gave judgment for the company. Claridge now appeals from this decision. Messrs. Wilding and Bruges appear for the appellant, and Messrs. Harper and Nalder for the respondent company. Judgment has been reserved.