STEVEDORE’S DEATH

Poverty Bay Herald, Volume LII, Issue 17165, 15 October 1926, Page 8

STEVEDORE’S DEATH

APPEAL FROM DECISION (Per Press Association.) WELLINGTON, this day. The Appeal Court to-day bus before it the case of Elizabeth Welsh and another v, the Canadian Government Merchant Marine, Ltd., an appeal from the judgment of Mr. Justice Hordmaii at Christ church last August. The appellant's husband, who was a foreman stevedore at Lyttelton, was killed by a cask falling on him, through the sling breaking, while loading pelts on the steamer Canadian Challenger, on November 17, 1925. He was 53, and his widow 52, but there was no family. Mrs. Welsh claimed £.'192!) damages from the owners of the steamer, but Judge Herdman gave his decision,. for the company, on the ground that its servants wore nut responsible for the breaking of the- rope, and had exercised all care to see that if was in good condition. The slings had been examined, and no defect could be seen. Welsh himself had had an opportunity of inspecting Ihcm, which it was his duty to do. It tinned out that the pelts arc packed in pickle containing sulphuric acid, which had affected Ihe rope, but this could not be detected without chemical analysis. The Judge held that the use of acid was unknown to any of the parties, and dismissed the contention of negligence. Against this decision Mrs. Welsh now appeals. For the appellant, Mr. Upbuilt and Mr. King. For the respondent Mr. Sim and Mr. Sargent.