Baynes v Union Steam Ship Company of New Zealand Ltd - [1953] NZLR 616

Negligence — Master and Servant — System of Working — Tarpaulin used to cover Cargo in Ship's Hold instead of Using Lid over Hold — Reasonable Anticipation of Likely Damage — No Warning given of Likelihood of Unsafe Foothold — Tendency of Workmen to be Inadvertent or Careless — Workman putting Foot in Depression on Resultant Uneven Surface and being injured in Falling — Sufficient Evidence of Employer's Negligence to go to Jury.

Practice — Verdict — Finding of Negligence on Ground not alleged in Statement of Claim — Court not obliged to Speculate on Meaning of Such Finding — Verdict defective New Trial ordered.