SUPREME COURT.
The civil sittings of the Supreme Court were resumed this morning, his Honor Mr Justice Dennisson presiding.
STEAMER ACCIDENT CLAIM.
David John Miller claimed from the Union Steam Ship Company of New Zealand, Limited, the sum of £2552 10s as damages for injuries received in tm accident on board one of the company's steamers, on January 17 last.
Mr Raymond, K.C., with him Mr Hant, appeared for plaintiff, and Mr Beswick, with him Mr Gresson, for the defendant company.
The case was commenced on Friday, before a jury of twelve, of whom Mr E. J. Dennis was chosen foreman. After the jury had been empanelled, his Honor stated that the case would be adjourned-until the following Tuesday.
The statement of claim set out that on January 17, 1917, plaintiff, a wharf labourer, forty-six years of age, was engaged by the defendant company on the s.s. Tarawera. While in the course of work in putting the hatches on the ship, plaintiff was thereby invited and required by the defendant company to stand on one of the leaves of the hatch already in position. It was claimed that the leaf on which plaintiff was standing was unsafe by reason: (a) That the beam on which the hatches rested and which should have been firm, was not so, owing to the ends being worn and rounded; (b). that through wear and neglect the flanges on the side of the ship's hold and on the side of the beam had become insufficient, and gave less space than they should ha.ve whereon to rest the hatches; (c) that through wear and tear and use the sockets in which one beam rested had become spread; and (d) to a combination of these conditions.
The defence was a general denial of negligence. It was contended: — (l) That if the leaf or grating fell it fell because plaintiff, who was engaged in putting on the leaf, had negligently or improperly placed it in position; (2) that if the leaf fell it was because it was improperly placed in position by someone, and plaintiff should have been aware that the leaf was not properly m position, therefore being guilty of contributory negligence; and (3) if there was any negligence by some person in the company's employ, such person being a co-servant of plaintiff, the company's liability was limited to £500.
Mr Raymond, in outlining the case for plaintiff, stated that Miller had sustained injuries of the gravest character as a result of the accident, and was so seriously injured that there was practically no hope of recovery. The accident had happened at about, ten o'clock on the night of January 17. It was raining. The gratings were being put on the No 3 hatch, and Miller, in the course of carrying out that work had stood on the No. 2 grating, which was on the side away from the wharf. The grating tilted at one end and plaintiff was precipitated into the hold of the ship. Plaintiff had sustained a fracture of the spine and complete paralysis of the lower limbs. Plaintiff had been in the Christchurch Hospital since January 18, but had been taken to his home yesterday in an incurable state. He was married and had three children, the eldest, a son, being at. the war. Plaintiff, contended counsel, was ignorant that the grating was unsafe and in a dangerous condition. The defence claimed that the grating had not been properly placed in position, but evidence would be adduced to show that, so far as manual labour was concerned, the grating was in position. The fore and aft beams were not steady, and that had been noted on previous visits of the vessel. When men were engaged in work in which they were placed in grave danger, such as in plaintiff's' case, the law required that all reasonable care should be taken and proper appliances provided to protect life. It was intended to show that the beam was unsteady, that the fore and aft beams were worn, and that the flanges or combing ware narrow and, to some extent, were filled with rust or paint. Plaintiff had been engaged in wharf work for twenty years, and was an experienced, careful and capable man, and one not likely to take unnecessary risks. He had stood some appreciable time on the grating.
His Honor: What was he doing on the grating?
Mr Raymond: It was necessary as part of his duty in putting on the hatches.
Continuing, Mr Raymond stated that the jurv would be invited to inspect the vessel later in the day. The fore and aft beams were not the same as were in use at the time of the accident. They had been replaced by heavy ones.
Mr Beswick: The reason of the alteration was that the Tarawera has been turned into a cargo boat.
His Honor; Mr Raymond merely stated facts.
Mr Raymond referred to other phases of the case and the lines of defence, and then called evidence.
Plaintiff's evidence, taken before the Registrar at the Christchurch Hospital was read. The circumstances of the accident were detailed and attributed to the fact that there was too much play on the fore and aft beam of the hatch. When answering Mr Beswick, plaintiff had declared that he did not notice it was raining at the time. His friends had not suggested to him the cause of the accident. The explanation given by him was the only way he could explain the accident.
Henry Beachner, a wharf labourer, residing at Linwood, stated that he had been working at Lyttelton for two years and a half. He had previously been in the same class of work in Australia for many years. On the night of January 17 last witness helped Miller to put on the hatches. It was raining at the time. Miller and witness put on the first hatch. Previous to putting on the second hatch witness said: "I'll jump up, chum," meaning on the hatchway. Miller, however, said he would do so, which he did. Witness then handed an end of the leaf to Miller and placed his position. Miller put his end in his position also and said, "Mine's all right, chum." Witness said his end was also right. Witness was handing the third leaf up. Miller was standing on the second grating, and witness noticed the grating rise up from the after-part of the starboard corner. The other corner had evidently fallen. Miller was precipitated into the ship's hold and the grating went with him. It was customary to stand on the gratings. Witness had previously worked on shifts with Miller, but not on the same hatch. Had there been no play in the hatch, witness thought the accident could not have occurred. Witness examined the hatch after the accident and found the play referred to.
To Mr Beswick: Witness had been working on the port side of the ship, below, with Fenton and Harbutt. Miller was engaged on hatch work. Eight or ten men were engaged putting on the hatches. Witness was with another man and Miller. He had not previous to that evening been engaged in putting on hatches. The hatches had previously been put on during the evening, as the rain was falling on to a sugar cargo below. Gratings were usually numbered or marked, but witness could not say whether they were on the Tarawera at the time of the accident. The hatches were taken in rotation from where they were lying and placed in position. The corner gratings were rounded. The No. 2 grating was second in order. The gratings had not been examined before being placed in position, as there was considerable hurrying. Witness noticed that there was a lot of play in the gratings. He had mentioned the matter of play to Miller and said: "You had better watch yourself, Dave." That was said after the first hatch had been placed on. He considered the wet had contributed to the accident. Miller did not slip. The grating canted and Miller fell. He had not heard it suggested that it was the No. 1 grating that fell.
Walter Fox, surgeon in charge at the Christchurch Hospital, gave evidence as to plaintiff being admitted to the Hospital on January 17 and as to the nature of his injuries.
The proceedings were then adjourned, to enable the jury to ma.ke an inspection of the vessel at Lyttelton. -Star, 4/9/1917.
STEAMER ACCIDENT.
DEATH OF DAVID MILLER.
David John Miller, wharf labourer, who was recently awarded by a jury at the Supreme Court £2552 compensation for injuries sustained during his employment on the Union Steam Ship Company’s Tarawera, died at his residence at Lyttelton yesterday morning. In the afternoon an inquest was held by the District Coroner, Mr H. W. Bishop. The Coroner said that, in view of the fact that the accident had been fully ventilated in the claim that the deceased had made against the Union Steam Ship Company, he only wanted to know whether death was due to the accident.
Dr Newell stated that he first saw Miller on January 17, the day he met with the accident through falling down the hold of the Tarawera. Witness ordered Miller to be moved to the Christchurch Hospital. Miller returned to his home on August 31. The case was quite hopeless. Death had occurred at eight o’clock that morning from septicemia, as the result of the injury. The Coroner returned a verdict that death was due to the result of falling down the hold of the Tarawera. -Lyttelton Times, 19/9/1917.
FUNERAL NOTICES.
THE Friends of the late David John Miller are respectfully informed that his Funeral will leave his late residence, Exeter Street, Lyttelton, on Thursday, September 20th. at 3 p.m., for the Public Cemetery. -Star, 19/9/1917.
THE LATE MR D. J. MILLER.
The funeral of the late Mr David John Miller took place yesterday afternoon at Lyttelton. The attendance was the largest seen at a funeral at Lyttelton for many years, Mr Miller being a much respected and popular citizen. Fully 400 persons, four abreast, followed the hearse. Amongst those present were the Mayor (Mr W. T. Lester), the president (Mr E. E. Langley), secretary (Mr J. Flood) and committee of the Waterside Workers' Union, representatives of the Shaw, Savill Company, Dalgety and Co., the Union Steam Ship Company, Railway Casual Workers' Union, and the New Zealand Shipping Company.
The cortege left the deceased's late residence, Exeter Street, at 3 p.m. for the Methodist Church, where the funeral service was conducted by the Parsons. The pall-bearers were 12 comrades of the deceased. The hearse was covered with wreaths, including a handsome one sent by the nurses of the Christchurch Hospital. Over 200 telegrams and messages of condolence were received by the family from all parts of the Dominion. Wreaths were forwarded by the following: Casual Workers' Union, Messrs J. T. Norton and J. Collins, Mr and Mrs J. Collins and family, Mr and Mrs Palmer Smith and J. Burnip, Mr and Mrs Duffell, Mr and Mrs Koskella, and family, Mr and Mrs L. Blackler, Mrs N. Clegg, Mrs Merriman, Miss V. Patrick, Mr and Mrs R. Loader, Miss E. Smith, Mr and Mrs W. Barnes. Mrs Holstein and family, nurses of Christchurch Hospital, Mr Chaney and family, Mr and Mrs G. Clark and family, Mr and Mrs J. T. Norton, Railway Casual Union, Mrs Merriman. Mr and Mrs Gemmell, Mrs White and, family, Mr and, Mrs A. Thomson, and Mr and Mrs Garner. -Lyttelton Times, 21/9/1917.
SHIPPING NOTES (excerpt)
The Tarawera, from Wellington, was held up by fog outside the Heads yesterday afternoon. In view of the fact that no work was undertaken on the wharves after 1 p.m. on account of the waterside workers attending the funeral of the late Mr David John Miller, the master of the Tarawera was ordered to proceed to Dunedin. The vessel is due here from the south on Monday, and will call in at Wellington on her way to Auckland. -Lyttelton Times, 21/9/1917.
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