INDEMNITY SOUGHT

Sun (Auckland), Volume III, Issue 739, 12 August 1929, Page 10

INDEMNITY SOUGHT

U.S.S. COMPANY SUES CARRIER ACCIDENT SEQUEL Seeking to be indemnified for £370 paid out in compensation for injury to one of its employees while handling merchandise in the Prince’s Wharf shed in November, 1927, the Union Steamship Company, Ltd., sued James Chevis, an Auckland forwarding agent, in the Supreme Court today. Mr. Justice Herdman presided. The injured man, Arthur Yates, was knocked from the loading platform on to the wharf through being struck by a 5 cwt bale of paper coming down a chute, which had been struck by another package. It was alleged that defendant had negligently omitted to place a rope buffer in place. A further allegation was that defendant had left one package at the foot of the chute, intending it should be used as a buffer.

The modus operandi of transferring merchandise down the chute was witnessed by the Judge and counsel this morning before the hearing was commenced.

Mr. Bagnall represented the plaintiff and Mr. Singer appeared for defendant.

The rope buffer provided in the shed was largely used for stopping heavy packages at the bottom of the chute! accord’ g to William Goulden, traffic manager of the Harbour Board. It was, however, a common practice to use the rope first and then use a hale as a buffer thereafter, but it was considered unsafe.

Colin Wright, storekeeper in the shed, considered that the rope buffer was much safer than a bale buffer. (Proceeding.)