ALLEGED ACCIDENT

Timaru Herald, Volume CXLIII, Issue 20781, 16 July 1937, Page 11

ALLEGED ACCIDENT

CLAIM BY WORKER JUDGMENT FOR THE DEFENDANT As a result of an alleged accident on a vessel which was loading wool in Timaru in February, 1931, John Henry Barkley sought compensation in the Arbitration Court in Timaru yesterday. The defendants were D. C. Turnbull and Co. An unusual feature of the case was that Mr Justice O'Regan was unable to preside over the Court, as he had originally issued the writ, and the Magistrate (Mr H. Morgan) presided with Messrs W. Cecil Prime and A. L. Monteith. His Honour's son, Mr C. J. O’Regan' conducted plaintiff’s case, while Mr H. D. Acland, of Christchurch, represented defendants. Mr O'Regan said that on February 20, 1931, plaintiff was engaged on the Anglo Canadian stacking wool, and while so engaged he felt a pain in his left groin. He reported it to the foremen within a few minutes, whereupon either one or both of the foremen said that It would be noted. Plaintiff visited Dr. Ussher who, apart from the date, would corroborate plaintiff's story. In November, 1935, plaintiff was advised, when he was going into hospital for an operation on his nose, to have the hernia attended to. Plaintiff was operated on for his nose, and later had the second operation. This was on December 27, 1935, and it was for this period, up to March 16, that they were claiming. Plaintiff’s weekly wage worked out at £5/13/8. Mr Knowles, who was one of the foremen to whom plaintiff spoke, died while plaintiff was in hospital, but before this he had told plaintiff that there would be no difficulty in regard to compensation. Later plaintiff was advised that the claim would be contested on the ground that no notice of an accident had been given. Plaintiff’s Story. Plaintiff stated that he had been labouring on the wharf in Timaru for more than 30 years. On February 10, 1931, he was working on the Anglo Canadian, which was loading wool. He was acting as leading hand in the hold, when the end man’s hook slipped, and he got the full weight of the dump. He endeavoured to hold the weight, when his legs slipped outwards. He felt a pain in the lower part of the stomach, and also felt sick. He told Messrs Knowles and Brown, representatives of Turnbull and Co., and Mr Knowles told him it would be all right. Plaintiff said he did not blame Mr Brown, but he should have noted the complaint in his time book. To Mr Acland: He did not see Mr Brown, because Mr Knowles was the head man. Charles Hansen Rudge, secretary of the Waterside Workers’ Union, said that he visited plaintiff while he was in hospital. As a result of their conversation he visited defendant’s office and asked for a draw on plaintiff’s compensation. He spoke to Mr Davidson, who said that he knew nothing of the matter, but if Mr Knowles had said that it would be all right, then there would be no trouble. There had been numerous complaints regarding small accidents not having been reported to the shipping companies by their representatives, but this had been tightened up. To Mr Acland: He could prove that accidents had occurred and they had not been entered by the firm’s agent hr his book. Dr. G. H. Ussher gave evidence as to having attended plaintiff and stated that the injury was consistent with the story told him. Case for the Defence. For the defence Mr Acland said that it was unfortunate that Mr Knowles was not alive, but Mr Brown would produce his book in which he would say he entered all complaints. There was no record in defendant office of any notice of the accident. They contended that even if plaintiff had suffered Injury, they were prejudiced by reason of the fact that the claim had been made some years after the alleged accident.

Dr. J. Campbell McKenzie, medical superintendent of the Timaru Hospital, said that he remembered plaintiff entering hospital, but he did not perform the hernia operation. He did not know whether he was at liberty to disclose the notes on the operation, which was performed by Dr. Thomas. No objection was offered by plaintiff, and witness read the notes. He gave it as his opinion that in general, hernias were not caused by accidents. In this case, he considered that the disposition to hernia was present before the accident. He agreed with plaintiff's counsel that the plaintiff’s story of pain after the accident was consistent with the hernia coming down.

Robert Brown, stevedore for Turnbull and Co., said that he could not remember plaintiff having made any complaint to him or to Mr Knowles. There were entries In the book for the days the 'Anglo Canadian was in port, but nothing referring to plaintiff. Had plaintiff said anything to him, he would have noted it in the book. To Mr O'Regan: The fact that Knowles was present would make no difference to the recording of the accident. He would not suggest that Barkley was making the story up. He did not know what would become of certificates if they were supplied by Barkley. If a man knocked some skin off his hand and complained, then he would tell him to see a doctor if it got worse, but he would not enter it in the book. He did not contend that the system was fool proof. The fact that Knowles was present would be a bigger reason for him taking particulars.

Richard Turnbull, shipping clerk, said that early in 1935 he went to the hospital to see an engineer off the Storm, and while there he saw plaintiff, who had a conversation with Mr Knowles. If any certificates were sent to the office, they would be sent on tq ti: insurance company. Plaintiff was a good man, and was well thought of by all the employers. To Mr O’Regan: He had searched for the certificates supposed to have been put in by plaintiff ,but there was no trace of them.

The Court adjourned for a short period, and on resuming gave judgment for defendant.