AN APPEAL CASE.

Poverty Bay Herald, Volume XLVII, Issue 15270, 19 July 1920, Page 6

AN APPEAL CASE.

WELLINGTON, tliis day. Tlie Court of Appeal vyas engaged this" morning hearing the ease Redfern vl. New Zealand Shipping Company, ah appeal against the judgment of his "Honor Judge Chapman. Plaintiff's husband met his deith by fallina; down an. open hatfhway on the q,s. A'yreshlrp on July 7. 3919. He was one of a gang working hold No. 4, the direct way to which was down a perw^lcular ladder. He, was last peen re ir the hatchway, At about 6 o'clock next morning his body was found at the bottom of hold No. 5. Work had been troing on at this hold eaiTer m the day. 'The hatches on the she'.tei' deck at this hold had not been put on, but the hatches on the main deck wor« on. Deceased seemed to have gone down the companion way from the main to tho shelter deck, and then to have passed along this deck on his war to work. - and through some cause to have fallen into the open hold. The ladder 5 to No. 4 hold was lighted, but the "way taken by deceased was dark. Plaintiff and her child claimed damages for nearliirence of defendant m leaving No. 5 hold unenjarded, and m leaving the way from No. 4 tp Nq. 5 obstructed. The jury found for plaintiff, and awarded the ivido\y £1200 and tlie child £600. Leave to move for a non-su)t was reserved -at the end of plaintiff's case, and on this motion Judge Chapman non-suited plaintiff. Mr. O'Regan appears for plaintiff, and Mr. Richmond for the defendant company. •• Mr. O'Regan ch'efly rel : es on a breach of regulation 41a under the Harbors Act. 1908, m that the hatch down which the man fell was not lighted. After hearing Mr. O'Regan. the court postponed further hearing of argument 'till 10 to-morrow, when, if necessary, they will ca)l on Mf. Richmond.— Press 4<Wr • i