Union Steam Ship Company of New Zealand Limited v Wenlock - [1959] NZLR 173

Negligence — Inference by Jury — Seaman slipping on Oil Patch in Engine-room — No Evidence how Oil came to be where it was — Jury concluding Someone Negligent — Such Negligence attributable to Member of Engine-room Staff for whom Shipowner responsible — Jury's Verdict awarding Damages against Shipowner not Unreasonable.

Evidence — Admissibility — Proposed Witness overseas — Letter written to Defendant by Ship Engineer overseas when Trial held — Cumulative Requirements before Letter admissible — Proposed Witness "beyond the seas" and it being "not reasonably practicable to secure his attendance" — Second Condition unfulfilled — Letter inadmissible — Evidence Amendment Act 1945, s. 3 — Code of Civil Procedure, R. 277.