STRUCK BY POLE

New Zealand Herald, Volume LXXVI, Issue 23504, 15 November 1939, Page 14

STRUCK BY POLE

WATERSI DER'S CLAIM SETTLEMENT REACHED The hearing of an action for damages against the Union Steam Ship Company (Mr. Barrowelough) was concluded before Mr. Justice Fair and a jury in tho Supreme Court yesterday. The claim was brought by a waterside worker, Thomas Miles (Mr. Sullivan and Mr. Henry), who was injured on January 25 last when helping to unload power poles from the Kairatiga at King's Wharf. A pole fell 011 him striking him a glancing blow on the head and severely crushing the fingers of his right hand. Alleging negligence on the part of the company's servants. plaintiff claimed £1950 general and £164 16s special damages. The company denied negligence and asserted that the accident was due to tho plaintiff's own want of care.

Continuing evidence for the plaintiff, George Ernest Brown, Government inspector of cargo gear, expressed tho opinion that it was reasonable for plaintiff to go 011 under tho pole as he had done, if he received 110 warning to stop. It would not be proper for a winchman to lower a power polo to tho wharf without instruction from the hatchman. Witness found the gear all safe on tho day after the accident. He had concurred in a report made at the time that the accident was caused by the pole slipping off the coamings. Dr. W. C. McCaw said that*" plaintiff's earning capacity had been seriously impaired, and ho could not tako up wharf work again. This concluded the plaintiff's case and after an adjournment counsel announced that the parties had arrived at a settlement, and would not require to trouble the Court further.

Tho jury was accordingly discharged