£4000 Damages Awarded In Accident Claim

Chronicle (Levin), 2 November 1949, Page 3

£4000 Damages Awarded In Accident Claim

Damages amounting to £4042 were awarded Elizabeth Margaret Martin by a jury in the Supreme Court at Palmerston North. yesterday in respect of the death of suppliant's husband who was killed in an accident at Mangaore near Mangahao on April 26 of this year. Mrs. Martin, -who proceeded agadnst the State Hydro-Electric Department in a petition of Right, claimed damages amounting to £7500, alleging negligence on the part of the respondent in employing her husband on a faulty crane which swung round out of control and came into contact with some high tension wires, the employee being electrocuted. The case was heard before the Hon. Sir David Smith. Messrs A M. and J. A. Ongley represented Mrs. Martin and Mr. G. I. McGregor appeared for the Crown. Addressing the jury Mr. A. M. Ongley explained, with the aid of a scale wooden model of the crane, the circumstances surrounding the death of Martin on April 26. With an apprentice assistant, he said, the deceased was moving

metal castmgs between two storerooms at Mangaore to make space for some oil switches. The crane, which was without a guard, came into contact with power lines carrying 11,000 volts, killing Martin instantly. Deceased, who was 49 years of age, had been employed by the State Hydro-Electric Department as a fitter for 25 years, and was the father of six children, the two youngest being 14 and eight years of age respectively. In evidence, the plaintiff stated that she and her late -husband had lived for 24 years at Mangaore. Her 8-year-old son, she said, was in delicate health requiring special dietlng.

A consulting electrical engineer, W. A. Waters, of Palmerston North, formerly engineer to the Manawatu-Oroua Electric Power Board, gave evidence of inspecting the crane last May. In his opinion the crane had been in its position for many years and did not appear to have been used very much. He foun'd evidence of the crane and the surrounding grass having been scorched by an electrical discharge, and considered the current which the crane had. contacted was more than sufficient to cause death. Asked by Mr. A. M. Ongley whether he tested the crane to discover the cause of the derrick swinging, witness replied: "No, because the current was still on in the nearby power lines." Leslie S. Moore, an apprenticemechanic, aged 16, who was working with the deceased at the time of his death, described how on commencing work on the morning of April 26, wit-h deceased he chipped the crane's wooden parts to check their condition, checked the crane's cables and oiled the mechanism. Rain compelled them fco take shelter for a time. They afterwards started to move some heavy metal castings. When lifting one of the largest, the jib of the crane started to swing. He and deceased both jumped off the operating . platform. Martin endeavoured to stop.. the jib's swaying motion but was unable to do so before the crane's cable came into contact with the power lines. Opening the defence for the

Crown Mr. McGregor called James D. Campbell, superintendent of the Mangahao power station for the past five years, who stated that as the crane had not been in regular use since 1936, he issued instructions to the station's fitter (J. McF. Massey) to have the crane tested, as some heavy equipment for the station was ex.pected to arrive. At 10.30 o'clock on the morning of the accident he saw Martin, who was an experienced crane operator, and asked what he was doing, and he replied that he was testing the crane to see if it would "take the strain." Later on when called to the scene. of the accident he saw deceased lying five or six feet from the casting which was still suspended in th air from the crane's liff.imc pa.hl.Q

Questioned by Mr. A. M. Ongley, Campbell said that although a Marine Department inspector of cranes made periodical inspections of-cranes in the power station itself, the crane at the Mangaore site had to his knowledge never been inspected by " a crane inspector. Asked whether he had warned Martin of the dangerous proximity of the power lines, Campbell replied "No," as he was not aware of the danger himself. He could not recall the existence at any time of steel guards on the crane to prevent the jib from swinging cn to the power lines. John McFarquhar Massey, the power station's fitter, questioned by Mr. McGregor, said that he passed on instructions to Martin to inspect and grease the crane, but he emphasise'd that he should not lift anything. Asked by Mr. A. M. Ongley how long the inspection could be expected to take, witness replied: "Six hours, if done thoroughly." Witness considered that the crane was a danger in its close position to the power lines. Hugh Christie Wylie, labourer employed at Mangahao, said he had overheard Massey telling Martin to inspect and grease the crane on the day of the accident. Massey had told the deceased to tie on a casting and "take the strain" and leave it like that. He had heard nothing said about lifting.

in the interests of returned servicemen, not only in this district but throughout New Zealand. The guest was accorded a very hearty welcome and in his brief address he outlined the work of the Dominion executive, making men- , tion of the organisation's value in assisting returned 'men and women to rehabilitate themselves after service in the forces. He stressed the necessity of keeping closely in touch with the work of the local branches and attending as many 1 meetings as possible. Mr. Bateman announced that the annual re-union of the Shannon braneh would be held in the Moutoa Hall on Saturday, November 12, and extended an invitation to all returned personnel to be present. He pointed out that transport would be available from Shannon to the hall and enter- , tainment would be provided by the Tin Hat Club, a concert party which needed no introduction to returned servicemen.