INJURY TO WORKER

New Zealand Herald, Volume LXX, Issue 21640, 4 November 1933, Page 9

INJURY TO WORKER

MISHAPS ON TWO SHIPS ' QUESTION OF LIABILITY . [BY TEtKGItAPIT —I'HKSS ASSOCIATION] WELLINGTON, Friday A peculiar position arose In a compensation case in the Arbitration Court to-day. It was discovered during the hearing of evidence that the plaintiff had possibly commenced the actioy against the wrong defendant, and the case was adjourned sino die to enable a settlement to be mado.

Plaintiff, John Patrick Walshe, who took action against the Shaw, Savill and Albion Company, stated that when employed as a- casual worker by the company on the; steamer Mahana ho was hit 011 the leg by a carcase of frozen pork. During the hearing of medical evidence, it was stated that plaintiff had later returned to work, but injured tho cartilcge of his knee when working tho Remuera, a vessel owned by the New Zealand Shipping Company," It was stated the injury appeared to have been due to tho second accident and was caused by tho f kneo giving out (vhen plaintiff was putting on a heavy case. • .

In such circumstances, it was stated, it appeared that liability 1 would bo on thb New Zealand Shipping Company, Mr. Justice Frazer said tho latter company must bo brought into the matter to assist .in obtaining a settlement. He indicated what tho judgment of tho Court would have been on the evidence beforo it.