WORKMAN CLAIMS £2000

Taranaki Daily News, 17 December 1930, Page 9

WORKMAN CLAIMS £2000

HURT AVOIDING FALLING COAL

STUMBLED INTO UNLIGHTED HOLE

SHIP OWNER ALLEGED NEGLIGENT.

By Telegraph.—Presu Association.

Wellington, Last Night. /Damages amounting to ' £2150 are claimed By-John' Udall, waterside worker, Wellington, in? an action brought against the Holm Shipping Company, Ltd., in the Supreme Court before the Chief Justice, Sir Michael Myers. The case ip a sequel to an accident which oecured oil March 4 while' Udall was employed handling coal on the company’s hulk. Holmwood. The hearing had not been’ finished when, the court adjourned to-day.. - , In his statement Udall said that while engaged in bunkering the steamer John a grab working the coal was allowed to discharge its contents so that some of tile coal fell on him. He was obliged to move quickly to a place jOf safety, and in doing go fell into- a trimming hole bfij deck which was unlighted and unprotected. , It Was alleged the company was negligent in failing to provide sufficient electric light to enable the men to worl&in reasonable safety, in permit- ; ting the hole to remain open, unlighted and, unprotected, and in allowing a grab to be operated when there was not sufficient light for -reasonable safety. Udall alleged he had. been totally incapacitated since the accident, having been injured in. the region of the right thigh, hip end groin. He claimed £l5O 10s. special damages after allowing for £55 paid under the Workers’ Compensation Act,, and £2OOO general damages. He claimed the right tb further- payments Under- the Act in the event; of the company being held not liable independently of' the Act. The defence denied any-negligence and urged that Udall could haver avoided the accident by the exercise of reasonable care. j He was accustomed to waterside work and well knew that when a grab was Working coal it -did not drop it in one partfcitlar place,' but spread it out over the , deck, and it wag therefore necessary to keep away'-'frSfi the place, where the Coal fell, If plaintiff .-.stood Where the coal cpuld fill on him he--was guilty-of negligence which was the -cause of > the accident. .

In evidence Udall said - that' during the early part of the evening", they wdre relying on the Ilina for light, but when the Holmwood’s deck lyas piled high with coal from the- Komata the Ilma’s gear had. been , dia.mantied .and they Were left without .light. Foreman Scantlcbury. then had asked witness,and another man to stay on, saying he had to bunker the John. They protested against working in the dark and-- Scantie buryhad brought a hurricane lamp and they, proceeded .to use the hulk’s gear. The accident occurred -while Scantlebury was at the).winch.-. The grab ‘jammed -overhead when an effort.. Was. being made to adjust the derrick and the COal fell all round Udall..He jumped out. of the way and fell into the hold.

Evidence Of several doctors Was also heard. . .