A QUESTION OF LIABILITY.

New Zealand Mail, Issue 1716, 18 January 1905, Page 59

A QUESTION OF LIABILITY.

CLAIM AGAINST THE N.Z. SHIPPING COMPANY. (From Our Special Correspondent.) LONDON, December 2. A case of interest to shipping men Avas decided by Mr Justice KekeAvich, in the King’s Bench Division on Wednesday, when Clark, Williams, and Company, ship’s carpenters, sued the New Zealand Shipping Company and Gray DaAves and Company, a firm of stevedores, on a claim for indemnity under the Workmen’s Compensation Act, 1897. It appears that on April 24th, 1902, a carpenter named Seagrott, while employed by plaintiffs on some Avork on the NeAv Zealand Shipping Company’s steamer Waimate, at the Albert Docks, fell down an open and unprotected hatchway on the ’tAveen decks, and Avas seriously injured. Tbe plaintiff's alleged that the defendants Avere negligent, first, in alloAving this hatcliAvay to remain uncovered, and unprotected, and, secondly, in covering the hatchway on the spar deck just above without covering or protecting the hatchAvay of the ’tAveen deck, so as to lead persons using the ship to believ-e that both hatchways were co\ 7 ered. On July Ist, 1903, Seagrott obtained a certificate under the Workmen’s Compensation Act, Avhereby the plaintiff's Avere ordered to pay him a Aveekly sum of 19s lid from May Bth, 1902, until further order, as compensation for his injuries, and also a further sum for costs. The plaintiff's claimed to be indemnified by the defendants against this liability. In giving judgment, Mr Justice Kekewich said that in his opinion on the eAudence there Avas no possible claim against the NeAv Zealand Shipping Company. The ©A-idenee slioAved that if there Avas any duty on either of the defendants that duty lay on Gray, DaAves, and Company, to whom had been entrusted the loading of the ship. Although an officer of the NeAv Zealand Shipping Company might, if it had been thought fir, luiA-e taken some precautions for the protection of those on board, the shipping company Avere not in the occupancy of the ship at the time Avhen the accident occurred, and there Avas no case against them. As regards tlie steA-edores, it was necessary to prove that the danger Avas one against Avhich it Avas usual to provide, otheiwise there Avas no duty to proA-ide against. It Avas said that it Avas the duty of these defendants to close not only the upper hatchways, but the lower hatchways; but his lordship found no evidence of any duty t> close the upper hatchways as regards Seagrott. There might be a duty as regards the shipping company in order to provide against the weather or against thieves; but there Avas no evidence to show* that the upper hatchways were closed for the benefit of' tho workmen on the ship, and certainly there Avas no evidence to shoAV that if the upper hatchways Avere closed, the loAver hatchways ought to be closed, or that there Avas any duty to close the loAver hatchways. Seagrott, though pressed by counsel to do so, could not say that he inferred from the closing of the upper hatchways that the loAver ones were closed for the protection of the ship, and there was no duty to close the hatchways for any other purpose. But then it Ava.s said that there was a duty to protect the hatchways either by stanchions and chains or by running a rope or chain round the pillars Avliich supported the upper deck; but there Avas no evidence of any such day, and it might produce considerable inconvenience while the loading Avas going on. There Avas evidence that this Avas occasionally done Avhen there was a creAV sleeping beloAV, or where cattle were on board; but the evidence showed that this Avas not a usual precaution, and, not being usual, it Avas impossible to say that there Avas any duty to protect the hatcliAvays in this Avay. That really disposed of the case; but two further points Avere argued upon which his Lordship desired to express his opinion. It was said by counsel Jor the defendants that, in order to enable^ Seagrott to establish his case against Gray, DaAves and Co., it must be proved that he Avas an inAutee —in other Avoids that he was asked or ordered by mem to go cioavii beloAV and court the danager, and that merely being al keyed to do so was not sufficient. Upon me evidence In's lordship came to the conclusion that Seagrott Avas an invitee. Then the ouestion of contributory negligence was raised. There Avas some conflict ot evidence as to the amount of light clown below, but his lordship took it that the light Avas very bad. Seagrott had to l'ccd his aw,y along, as ho said. He knew Hint hatchway No. 2 Avas open on the day before and notwithstanding that, instead of getting alight, lie preferred to grope hie way in the dark. In i liese circumstances IdLorelsliip thought that he had bvcugl: t ju the accident by his own nogiigenc-.- : but in the view which lie took of the case

it Avas not necessary to decide tiyit point. There Avould be judgment fur both defendants Avith costs.