COMPENSATION PAYMENT.

New Zealand Herald, Volume LXVI, Issue 20332, 13 August 1929, Page 12

COMPENSATION PAYMENT.

CLAIM AGAINST CARRIER.

INDEMNITY ACTION FAILS

■ A sequel to an accident in a shed on Prince's Wharf in November, 1927, when Arthur Yates, tally clerk, was injured through a bale of paper striking him after it had landed from a chute, was heard in the Supremo Court yesterday,' beforo Mr. Justice Herdman. The Union Steam Ship Company (Mr. Bagnall) claimed £369 18s from .Tames Chevis, carrier (Mr. Singer), as indemnity for compensation paid to Yates, who was employed by the plaintiff company. It was stated for plaintiff that tho bale with which Yates was struck was sent down tho chuto by Chevis. It weighed about 5< wt., and on landing from the upper floor of the shed it knocked Yates over. Negligenco by defendant was alleged', in that the buffer usually placed on the chute to prevent the articles bouncing after landing had not been used. Yates stated that ho was standing behind a pillar for safety. Ho knew that tho bale was going down and he must havo stepped out. Ho did not look to seo if the buffer was in position or not. Ho was perfectly safo behind the pillar and knew that there was danger in the vicinity' of the chute. Mr. Singer submitted that there was no case for tho defendant to answer, and asked (hat plaintiff should be non-suited. Mr. Bagnall contended that the injured man had stepped from behind the pillar in order to look into tho cart outside. This was done in tho course of his duty, and he did not incur a risk by rash or intentional action.

After hearing lengthy evidence and legal argument the Judge gavo judgment for defendant with costs.