COMPANY WINS

New Zealand Times, Volume XLIX, Issue 11293, 19 August 1922, Page 11

COMPANY WINS

WATERSIDE WORKER v. STEAMSHIP 00. For alleged injuries sustained while assisting to discharge wool from the vessel Kaikoura, on June. 24th last, Thomas Owens, a waterside worker, yesterday brought suit against the New Zealand Shipping Company, Ltd., in the Supreme Court before His Honour the Chief Justice (Sir Robert Stout) and a jury of four. Mr O. O. Mazengarb appeared for the plaintiff, and Mr H. F. Cleary for the defendant company. Plainti’ffs statement was that he suffered incapacitation hy injuries by slings of wool striking him from the opposite side of the vessel, being swung across the hold through the alleged negligence of the hatchman, who should have seen that they were steadied properly before they left the hold opening. Plaintiff dawned damages' and compensation to the extent of £406 under the Workers’ Compensation Act. He had, he said, been injured in his right lew; in such a manner as to totally disable him from working, and to make it neoassary for him to yet undergo an operation to his knee, involving suffering and considerable expense, and from which he could not expect fully to recover. For the defenoe, while it was fully admitted that, at the time of the accident, the plaintiff was 'in the company’s employ, it was nevertheless denied that any further liability than the compensation already paid was due to plaintiff, who could, it was alleged by defendants, have avoided injury by the exercise of duo care and discretion. The jury after an absence of over an hour brought in a verdict far the defendant, the question of costs to be further considered.