NEW TRIAL OPPOSED

Timaru Herald, Volume CXLIII, Issue 20673, 11 March 1937, Page 10

NEW TRIAL OPPOSED

COURT RESERVES DECISION By TelAE’anh- Press Assaria t Inn WELLINGTON, March 10. The Court of Appeal to-day heard an appeal against an order granting a new trial. In November, 1935, Robert Hansen, a waterside worker, of Lower Hutt, claimed £lOl4/12/- damages from the Shaw, Savill and Albion Company as a result of being injured by a gangway falling while he was working on the company’s ship Tainui at Wellington. The jury awarded Hansen £B2l damages, but by a rider absolved Captain Black, who was the defendant j company’s officer in charge of oper- . i ations, of any connection with the accident. The company moved for a i new trial which was granted by Mr 1 Justice Blair, who said that in his I opinion the plaintiff’s case had failed in respect of all the allegations made n to the safety of the gangway, and that he was unable to understand the jury’s verdict, for if Captain Black had no connection with the accident it was difficult to see how the company was liable. Hansen appealed from this order. The court reserved its decision and adjourned till 10.30 a.m. on Friday.