DEATH OF STEVEDORE.

New Zealand Herald, Volume LXIII, Issue 19510, 14 December 1926, Page 17

DEATH OF STEVEDORE.

CLAIM FOR DAMAGES FAILS. DISMISSAL OF APPEAL. JUDGE'S DECISION UPHELD. ✓ [Bl r TELEGRAPH. —PRESS ASSOCIATION.] WELLINGTON, Monday. The judgment- of the Court of Appeal, given by the Chief Jusstiee, Hon. C. P. Skerrett, was delivered to-day in the case of Elizabeth Welsh, widow, of Lyttelton, and her husband's executors against the Canadian Government Merchant Marine, Limited. The appeal was from the judgment of Mr. Justice Herdmail in an action brought by the executors of the late Isaac Welsh against the shipping company. Damages were claimed for the death of Welsh, a stevedore, who was killed by a cask of pelts falling on him following the breaking of a sling. Negligence on the part of the respondent company or its servants was alleged. Acts of negligence relied on were, first, that tha defendant company failed to take reasonable care to see that the sling was fit to be used; and secondly, that the sling having been used on a previous voyage of the ship ought not to have been used on the second voyage and ought to have been discarded. After reviewing the accident the judgment stated that the judge found it was proved beyond doubt that the slings provided were, to all external appearances, fit for use. He, however, found that the sling had, unknown to the ship's officers and men, been weakened by coming into contact with sulphuric acid which it had picked up from leaking casks in the previous July. It appeared from the evidence that pelts were in practice immersed in pickle composed of water, sulphuric acid and salt. There was usually a fair amount of leakage from casks when being loaded on ship board. " It is probable, therefore," said the Chief Justice " that leakage from casks of pelts laden in July, 1925, may have come into contact with the sling, which failed although the solution of sulphuric is very dilute. The Judge has found that contact with this corrosive liquid in July, 1925, was the cause of the deterioration of the sling. We are, of course, bound by this determination." The Court thought that the suggested negligence being considered was completely answered by the findings of the trial Judge, which were, inter alia, that the slings were subjected to a proper examination and all proper precautions were taken to make sure that the slings were Sound and fit for use.

" It is quite impossible, we think," said the Chief Justice " for this Court to go behind these findings of fact and that clearly disposes of the case for the appellants upon the first suggested negligence." In regard to the second head, relating to usage of slings that had been used on a previous voyage, the judgment stated that thi3 suggested head of negligence had been virtually abandoned. " There was substantial evidence," said His Honor " that it was quite proper and in accordance with regular and proper usage to use slings after proper examination until they showed signs of deterioration by wear, chafing or otherwise." The appeal was dismissed with costs on the highest scale as upon a case from a distance.