High Court Wellington
13 July; 19 October; 26 October 1944
Kennedy J
Court of Appeal Wellington
12, 13 March; 16 April 1945
Sir Michael Myers CJ, Johnston J, Fair J, Northcroft J, Cornish J
13 July; 19 October; 26 October 1944
Kennedy J
Court of Appeal Wellington
12, 13 March; 16 April 1945
Sir Michael Myers CJ, Johnston J, Fair J, Northcroft J, Cornish J
Negligence — Liability for Injury — Noise causing Accident — Cargo being loaded on Ship — Two Gangs of Stevedores operating on Ship's Deck in confined Space — Winchman and Hatchman in different Gangs — Winchman's Negligence in operating Winch causing loud Noise — Hatchman's Attention thereby distracted — Incoming Load, as directed by Hatchman, striking him while so distracted by Noise and causing his Death — Whether Duty owed by Negligent Winchman to Hatchman — Whether Damage too remote — Whether Blow from Loaded Sling Novus actus interveniens.
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