Voice v Union Steam Ship Company of New Zealand Limited - [1953] NZLR 176

Negligence — Res ipsa loquitur — Plaintiff assisting in discharging Cargo in Ship's Hold — Stack of Cargo suddenly collapsing causing Him Injury — Allegations of stacking of Cargo in Improper and Insecure Manner and Failure to stack Cargo on Proper Dunnage — Such Allegations sufficient to entitle Plaintiff to invoke Maxim — Direction to Jury — Onus on Defendant to satisfy Jury that Accident not due to Want of Reasonable Care — No Evidence advanced by Defendant as to Pure Accident arising from Latent Defect in Stack — Proper Direction — Application of Principle of Res ipsa loquitur.