INJURED WATERSIDERS

Otago Daily Times, Issue 17317, 17 May 1918, Page 5

INJURED WATERSIDERS

SECURE SUBSTANTIAL DAMAGES. 1 STRONG COMMENTS BY MELBOURNE *5 JURY. ; Fall particulars n connection with the claim for aamages by four Auckland water~ido workers, recently hoard at Melbourne. 3 aro to hand. It will be remembered that these men were injured by sulphuric acid ,pu aa f Monowai at Auckland. i fr>r iJ' learm g of the cases commenced be- ft foro Mr Justice Cusseu and a special jury of six in tho i irst Civil Court, Melbourne, i on Ihursday 18ta u!t., and lasted till the ' evenmg of Ist i^wh£.« 3 already reported, tho jury returned a ver- s diet lor ±<6850 damages. Hie individual i amounts recovered were as follow: Charles i lau.kaicr totally blind), £2000; James '' Coutts (totally blind). £?X>JO; HemV lS v Meally blind), £2000; Georjfe Jon* (body S ,rhomaS Anderson J The jury, was absent 35 minutes, and it ' added a rider tapressing sympathy with > rlnn lllJ . ure ] d JP C P' and stating that the evidence had disclosed an extraordinary state ; ' t acclclent occurred while 3 the deck of the Monowai was crowded with passengers the consequences might hare been much more serious, and innocent ; women and children have been the victims. ! ' In the circumstances, tho jury was oi opinion,' ■ that dangerous cargo should not be shipped' 5 without moro rigid inspection, and it asked his Honor to forward its recommendation in 3 that t connection to tho proper authorities. L™° Cussen undertook to do so. ihe first two days of the hearing were - occupied m reading tho evidenoe of 25 wit- i nesses taken on commission at Auckland in '- January, but tho following witnesses save > viva voce evidenoe for tho plaintiffs:— Prodcrick Palliser Worley, M.Sc„ Professor 1 of - Chemistry at Auckland University Col- ? lege; lidward & Richards, MJ3a, lecturer uL ch^!!trs '' 01 the Working Men's Col- * lege, Melbourne; James Murray Drewette. master of the Monowai; Charles Weaver! ' > tt° • th °T Auckland Waterside i Workers Union; James Ducrow, of FootKiray Melbourne, an ex-employee of the f defendant company, the Wiseler Proprietary Company; Charles Faulkiner and Henry - Barnes, two of the injured men. * . . 0 defendant company averred that the ' injured men themselves had been negligent - m handling the drums of acid, but no evi- ' dence was led m support of the plea, and re- " Imncc was placed rather on the allegation that the proximate cause of the aocident was / the heated condition of a steam-pipe on the > deck of the vessel, near which the drum was v standing Lengthy evidence was tendered '> lor the defenoo, and among experts caUea i were Professor Fawsitt, Professor of Chemis- :'i "7 of Sydney University, and Dr Green;i>.00., of Melbourne. Tho cylinder or dram from which the acid escaped was produced in court, as was also i the rubber plug or stopper used to secure it 3 lho defendant company gave evidence to the effect that it had used the rubber stopper for 10 years. A legal point was raised for the defence— 'i namely, that the defendant company owed no duty to the plaintiffs to use care, end it I was agreed to hear argument on the point V later on the motion for judgment. <•