FOUND FATALLY INJURED
(P.A.) DUNEDIN, This Day. James Kelleher, a young man employed on a ship lying at Port Chalmers, was found seriously injured at the foot of a hatch this morning. He died while being taken to hospital. -Evening Post, 20/12/1941.
SHIPBOARD ACCIDENT
CORONER'S INQUIRY
An inquest was opened this morning before the coroner (Mr H. W. Bundle. S.M.) into the death of Anthony James Kelleher, waterside worker, 28 years of age; of Port Chalmers. The coroner reviewed the evidence given by John Annan, secretary of the Port Chalmers Waterside 'Workers’ Union, when the inquest was opened.
Dr E. F. D’Ath, pathologist at the Medical School, who conducted the post mortem examination, stated that death was due to shock and asphyxia resulting from severe head injuries and compression of the spinal cord, consistent with deceased having fallen from a height. In answer to a question from the coroner, Dr D’Ath said that the injuries could not have been inflicted otherwise. To Mr I. B. Stevenson, representing the Montreal, Australian, New Zealand Shipping Company, he said that he could not arrive at an approximate estimate of the time of death.
David Craig, waterside worker, Wickliffe Terrace, Port Chalmers, gave as evidence that on the night of December 19 he was working in the No. 3 hold of a vessel at the George street wharf, Port Chalmers. At about 7 p.m. he came up and talked to the deceased, who asked where he could get a light. He told the deceased that there were some about, and Kelleher went towards the port side. A ladder, left by members of the crew after they had cleaned out No. 4 hatch on December 18, was lying on the combings of the hatch. Craig saw it there next day. It belonged to the ship and sailed with it. There had been no guards around the hatches at Dunedin, and none at Port Chalmers until after the accident.
James Thomas Camp, waterside worker, Harrington street, Port Chalmers, said that on the night of December 19 he was working aboard ship in No. 5 hold. Kelleher was working in the same hold. At 6 p.m. witness returned from tea, but it was raining and no work was done. He saw deceased for the last time at 6 p.m. He did not send Kelleher for a light.
William Jacalone, waterside worker, Carey’s Bay, said that on the night of Friday, December 19, he was working in Nb. 3 hold until 9 p.m. When Kelleher came from No. 5 hold to reach Jaculone and Francis Clark, to whom he talked for three minutes, he had to pass No. 4 hold. Deceased left, and when witness followed shortly afterwards he bumped into a long ladder. It was dark, and witness was not able to see, so he struck a match, and then saw the hatch. He did not see any sign of the deceased, nor did he hear any sound.
Francis Clark, waterside worker, 194 Macandrew road, Dunedin, gave evidence along the lines of the previous witness, and gave details of how he found the body of deceased on the morning of December 20. He said that no person worked in No. 4 hold after 6 p.m. on December 19.
Constable Walter John Robertson, Port Chalmers, stated he was on duty at the George street wharf. Port Chalmers, when he was called on board the vessel and saw the body of deceased. The time was 8.5 a.m. on December 20. The Coroner returned a verdict that deceased died on December 20 while being conveyed to Dunedin Hospital from shock and asphyxia resulting from severe head injuries and compression of the spinal cord, received when he fell into No. 4 hold of a steamer in which be was working at Port Chalmers on the evening of December l9.
At the inquiry Mr F. B. Adams appeared for the relatives of the deceased. -Evening Star, 15/1/1942.
CLAIM FOR DAMAGES
WATERSIDE WORKER'S DEATH
In the Supreme Court yesterday afternoon, Mr Justice Kennedy was engaged hearing a claini.by Catherine Margaret Kelleher against H. L. Tapley and Co., the Waterfront Control Commission, and the Port Line Ltd. for £1,273 16s damages for the death of her son, Anthony James Kelleher, a waterside worker, who fell down the hatch of a vessel working at Port Chalmers on which he was working, and was killed. Plaintiff alleged that the hatch was unfenced and unlighted, and that the accident had been caused by the negligence of the defendants. Mr F. B. Adams appeared for the plaintiff, and Mr A. N. Haggitt for H. L. Tapley and Co., and the Port Line. The Waterfront Commission, Mr Adams explained, was not really concerned in the action, as he understood that the stevedores and the shipping companies undertook the responsibility for such claims as that now before the court.
Mr Adams said that Anthony Kelleher had been in attendance on the vessel with other waterside workers, but that they were unable to work in the afternoon or at night owing to rain. The men were congregated 'tween decks at night, passing away the time. The deceased had fallen down No. 5 hatch and had not been missed, and his body had not been found till the next morning. There had been no guard around the hatchway.
Mr Adams said that a compromise had been reached in the claim, and that he had agreed to accept £625 on behalf of his client. He thought it was a reasonable settlement, taking everything into consideration.
His Honour said he was satisfied from the evidence before him, and particularly from counsel's explanation and statement of his own opinion, that the settlement was a reasonable one, and it was in the interests of the infants affected and, that it should have the court's sanction. An order was made accordingly by His Honour sanctioning and approving of the compromise. Judgment was then entered for the sum of £648 16s. -Evening Star, 16/2/1942.
Port Chalmers Cemetery.
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