. SUPREME COUIIT.

Star (Christchurch), Issue 8247, 21 February 1905, Page 3

. SUPREME COUIIT.

4 ■. CIVIL SITTINGS. Tuesday, February 21. The civil sittings of the Supreme Court were resumed this morning, before his Honor Mr Justice Dennistori. DONALDSON v. THE NEW ZEALAND SHIPPING COMPANY. The action of Donaldson v. the New Zealand Shipping Company, a claim for £500 damages, was resumed, Mr Dougall appearing .for the plaintiff, and Mr Harper for the defendant. The claim was in respect of injuries received by the plaintiff through being struck by a bale of wool while engaged in the loading of the s.s. Waimate -on June 11Mr Dougall continued calling evidence in support of the plaintiff's case. Thomas Cecil Roberts, wharf labourer, gave evidence that the state, of the gear on the Waimate and the •way in which the wool was sent down caused complaints to be made to the hatchman on the night of June 11. Peter Scow and Cnarles Alfred Bryer gave similar evidence, the latter stating tnat after his seventeen ' years of stevedoring he was convinced that the work on the Waimate was not safe. The hatches should have been opened further and tho gear should have been, plumbed. Frederick Gray stated that he was loading wool Txom a railway truck on to the Waimate. He and his mate began sending down one, two and sometimes three bales at a time, but at the request of the stevedore, Putnam, they increased the number, sending threes and fours and an odd five. Patrick M'Grath and Henry Charles Gardiner gave similar evidence^ John George Thomas Wood gave evidence that he had been a practical stevedore! for more than twenty years. He was of opinion that the hatchway on the V/aimate should have been further opened on June 11. There would be an element of danger in sending three double dumps down the hatchway as it was then. With the ship down a couple of feet at. the stern the danger would be greater, owing to the gea° dropping back. This closed the plaintiff's case. Before opening the defence Mr Harper called, .■, „ . .*. , • „.•« Dr Fox, who stated that the plaintiff consulted him on June 27,' and on other days Witness examined him a week aeo also. When he first visited witness, the plaintiff walked with difficulty having considerable pain in the right knee and hip. The knee joint was badly swollen, and there seemed to be a quantity of fluid under it. The motion of the joint was restricted, and the patient showed neurasthenic symptoms. The leg was put in plaster of Paris and theplaintiff rested for Some weeks. The fluid disappeared from the linee joint, but movement was still restricted, while the patient complained of ikin in the right hip joint, and showed the neurasthenic symptoms. Regular motion failing to help, the joint, he underwent further treatment, and showed slight improvement. The muscle of the hip wasted, owing to constant bandaging- The result of the nervous shock was apparent in his want of confidence in himself, which probably hindered him from using his leg as much as he might have done. . bmce the end of August he had improved m general condition, but still showed tremor and nervousness, complaining of want of sleep. There was still pam over the hip joint, and he complained of pain in the knee joint, though its movements were practically normal. He was able to kneel down, though he complained of pain while doing so. Witness had never seen - anything to suggest that an operation was needed. He did not anticipate that the injury would be a life-long o_ne, but for a time at "least he would not be up to the mark as a labourer. The nervous condition would probably disappear after He could not agree with Dr Thacker that there had been tropic lesions of the spinjjj chord, and he was strongly of opinion that the nervous condition would disappear when the litigation was settled. Dr Acland stated that he examined Donaldson in company with Dr J<ox. He did riot think an operation^ necessary He thought >hat the injured joint could never be s quite tho same as before the accident, but he would be subject to intermittent pain, thoiign the leg would be practically useful . (Left sitting.)