Loss Of Car And Trailer In Roadside Fire

Chronicle (Levin), 5 November 1948, Page 7

Loss Of Car And Trailer In Roadside Fire

A claim by W illiam Erie Still, a wnterside worker, of Christchurch, against the Crown for £811 as dainages for the loss of a motor car, trailer and its contents, in a fire on the Kaikoura Blenheim highway on January 8, was heard before the Cliief Justice (Sir Iluinphrey O'Leary) and jury in the Supreme Court todav. After a retire nient of 45 minutes the jury found Ihat the accident was due to the negligencc of servants of the Railway Department and they awarded Still the sum of £800 as damages. Still 's petition said that on January 8 he was driving a car with a. trailer attached, from Kaikoura to Blenheim About ten miles uorth of the Clarence River, railway employees were burning offl.near the lines. The fire spread to the road. He was eaught in it and the ear and trailer, which was a borrowed one, and the coiftents, were destroyea He claimed that the department was ncgligent in failing to control the fire and iailing to warn traiiic of tlw danger.

StilJ, in evidence, said his wife and one eliild were with him in the front seat and his mother Vas in the back seat with a baby and his elder boy, aged 7\ years. About 10 miles north of the Clarence River there was smolce across the road. As he approached it ht* slowed to about 10 miles an hour. A man standing at the side of the road signalled him on but did not speak as he passed. He drove on through the smoke which was not very dense at that stage for he could see a cliain to two chains ahead. All of a sudden a cloud of dark smoke obseured his view and sparks drifted across. He slowed to three.. miles an hour and went on. Suddeuly he felt a bump and the car stalled. Ile found he had dfiven- off the road into a declivity and the engine would not pull the car and trailer out. Ile jumped out of the car and land'ed in fire. Ile immediatelv got back into Ihe car and slammed the door. \ He and his wife and two boys got out of the car on the other side and made theii way out of the smoke. His wife feM and injured her ieg. One of the boy i was lost on the way out and witnesn returned and located him by his crying. He carried him to safety and Ihen returned to the car and practically carried out his mother and baby. A ganger went in and salvaged sohip goods but the rest was lost. He had bouglit the car a fortnight before. Counsel for the Crown said tlie fire was properly lit to protect farm pro- | perty if there shouid be sparks from an engine and the fire was properly coutrolled. He submitted that suppliam was negligent in iailing to keep p pi;opcr look out and in failing to sfop his car whcn wnriied^tp do -so and tha' he voluntarily incurieaya Visk by driving., into the fire. ; — * .. . Walter ' iStanley 'vAttewellj j Railway Department einpioyee,_said he. signalled ' Still to slow down". - He did so and wit ness expected him to stop as the roal was" totally obseured by dense smoive lmt Still went 011 and disappeared 1.. the smoke.