ACCIDENT OF A COLLIER.

New Zealand Herald, Volume LX, Issue 18532, 17 October 1923, Page 8

ACCIDENT OF A COLLIER.

WAN AWARDED DAMAGES. <: MOTION FOE NEW TRIAL,' ; j . [BT TSXEGSAPH.—PaESS ASSOCIATION.] • , ':..■. WELLINGTON. Tuesday:.' '; . An argument was heard ■' by the Full j Court this afternoon in tho case of Boyca v.; the Union Steam Ship . Company, -a : motion for a new. trial on the ground of - I the verdict ' being against .the weight of V>' evidence. There '• was also. a. motion' for' ■ a non-suit. The case arose out of an accident which happened to Boyce during.the unloading of a collier at Wellington. Tho accident was alleged -to have happened. I owing to Boyce slipping on a piece of wire' rope the company was at- :i ; leged: to .have negligently rllowed to lie "! on the deck; - The jury gave a verdict for . Boyce, and,awarded damages, • whereupon ,< | the company moved ,for a nonsuit, or- ; | new trial. ■,'.*'.' :i ''viI "Before the Court to-day Mr. Levi and/ Mr. White appeared for the company, and' Mr. Mazengarb' for Boyce. - :; J- ■ Mr. Mazengarb said that there was , : clear evidence- of negligence by the -com*. ', pany in allowing a- , combination 'of cir<: .'' cumstances constituting; a concealed trapi-.;-, •'/■''• A wire hawser, said, had been allowed ; to lie along the ~, deck; instead of being coiled up,' or placed out of the way. The, hawser, moreover, had. been partially, concealed, by i dunnage .and .coal dust. Argument was 'proceeding . ' when, thi; ;; Court rose for the day.