DAMAGES CLAIM

New Zealand Herald, Volume LXXV, Issue 23191, 10 November 1938, Page 17

DAMAGES CLAIM

INJURED APPRENTICE RIGHT EAR TORN OFF CASE FOR DEFENCE OPENS SAFETY OF MACHINERY Before the hearing of a claim for damages was resumed in the Supreme Court yesterday the judge and counsel and members of the jury concerned paid u visit of inspection to the scene of the accident in the engineering' shop of Mason and Porter, Limited. Demonstrations were given there of the manner in which it was alleged the accident had happened. The plaintiff was Geoffrev Marten Don glas, an apprentice turner and litter (Mr. Dickson), who" while working with a tapping machine in Mason and Porter's workshop on August 26, 3037, got his clothing entangled in the revolving machine with the result that his right ear was torn off. He alleged that the accident was caused by set screws' projecting 'unsafely, and by *t Wo controls being in a dangerous position. He claimed £750 general damages and a further £.'192 16s special damages. A Juryman Indisposed

The greater part ol' the special damages was on account of loss of wages, travelling and medical expenses, which plaintiff said were necessary to enable him to obtain surgical treatment in America.

The defendant company, represented by Mr. North, denied that it had been guilty of any negligence, and said that the accident was due to plaintiff's own negligent handling of the machine and to his misconduct in using a "podger" instead of the key provided. The case is being tried by Mr. »Justice Fair. In the absence of one of the jurymen through indisposition it was agreed to continue the hearing with 11. Continuing his evidence from the previous, day, F. 1). W. Calm, engineer in tho employ oL' tho defendant firm, expressed tho opinion that the controls of the tapping machine,should be placed in a different position. Victor Eugene McGuire, formerly a metal polisher in the employ of tho defendant firm, said he saw Douglas being wound round the spindle of the tapping machine. Calm first attended to him. His clothes"were wound round the set screws. Submissions for Defence Mr. North said the claim had two aspects. Plaintiff claimed at common law on the ground of negligence alleged against the employer, but in the event of that claim being unsuccessful. His Honor would be asked to assess him compensation as of right under the Workers' Compensation Act. The machine which it was alleged was unsafe was a standard British machine in use all over tho country. Mr. North continued. Even if some improvement could bo suggested, that did not prove' negligence. Plaintiff could not obtain damages if lie himself had been wholly or in part the cause of his own trouble. Frank Edward Cain, factory manager for Mason and Porter, Limited, said that set screws were commonly used in machinery of this type. Any other type of screw definitely retarded working. Thero was no necessity for tho arm or shoulder of the operator to be close to the sot screws.

Witness contradicted evidence for plaintiff as to tho exact position in which he was found at the time-jof the accident. No part of his clothing was round Douglas' head, and his right ear was in direct line with the "podger," witness said. He bad never permitted a "podger" to be used for locking such a machine, nor had he ever seen one so used before. Opinions About Set Screws In answer to Mr. Dickson witness said set screws in moving machinery were dangerous, and all employees were warned to that effect. The controls of the machine were reasonably accessible in the case of emergency. To his mind a number of lads took risks in wearing loose-sleeve jumpers. H.. S. Seagar, of the firm of Scagar Brothers, Limited, boilermakers, said the machine was quite orthodox as far as starting and stopping were concerned. With reasonable care there was no risk of the operator being caught in the set screws. Ho was not in favour of flush set screws. Ho did not know of any machine of-this kind having hnd its controls altered. In answer to r. Dickson witness said ho did not consider set screws dangerous on slow-moving machinery. Further evidence for the defence will be heard to-day.