DAMAGES CLAIM

New Zealand Herald, Volume LXXV, Issue 23192, 11 November 1938, Page 15

DAMAGES CLAIM

APPBENTICE'S INJURY RIGHT EAR TORN OFF SUM OF £771 AWARDED RIDER ADDED BY JURY The hearing of a claim for damages arising out of an accident in the engineering shop of Mason and Porter, Limited, on August 26, 1937, was concluded beforo Mr. Justice Fair and a jury in the Supreme Court yesterday. Tho plaintiff was Geoffrey Marten Douglas, an apprentice turner and fitter (Mr. Dickson), who, while working with a tapping machine in the workshop, got his clothing entangled in the revolving machine, with the result that his right ear was torn off. Plaintiff alleged that the accident was caused by sot screws projecting unsafely, and by tho controls being in a dangerous position. He claimed £750 general damages and a further £392 lGs special damages. Tho 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 negligeut handling of tho machine and to his misconduct in using a "podgor" instead of the key provided. Further evidence to support the. case for the defence was called during the morning and early afternoon. More Medical Opinions

Dr. Kenneth McKenzie, in referring to medical evidence given for the plaintiff, said ho found it extremely difficult to picture how plaintiff's ear could get caught in his clothing. There was no question that if plaintiff's head was drawn inwards iu such a way that his ear camo close to the "podger," then the "podger" would take the ear off. Witness said he saw no difficulty in understanding that the ear would be taken off by the "podger." He was satisfied that a Wellington specialist would be able to make a reconstruction of the ear. A number of operations, possibly ten, possibly 30 or 40, would be necessary. Dr. M. 6. Pezaro said he found difficulty in agreeing with Dr. Hardie Neil's theory of the accident. Witness considered that, if plaintiff's head was fixed, the "podger," revolving round, coufd come into contact witli the ear and by a process of tearing-and cutting would remove it. Machine In Use 20 Years

Reuben Charles Porter, a member of the defendant company, said the machine concerned had been in use for 20 years, and no one had been caught up in it before. The factory inspector had never suggested that the controls were not in a satisfactory position Alfred Robert Miller, engineer, said the controls of the machine were orthodox in every way, and were reasonably situated. Ho described set screws as a general utility tool which Mason and Porter had boon using properly. In the hands of a capable workman sot screws wero not dangerous whatever the speed of the machine. After a retirement of two hours, during which several issues were considered, the jury brought in a verdict at 9 p.m. awarding- plaintiff £350 general .and, £l2l 8s special damages. A rider was added, in which the jury recommended that the "responsible authority bo asked to insert a clauso in the Factories Act making compulsory the wearing of engineers' overalls of an approved typo, with tight-fitting sleeves at the wrist in all engineering works." His Honor said the rider was of an appropriate character, and it would be forwarded to the proper authority. Members of the jury wero excused from further service during the present session of the Supreme Court.