Supreme Court

Manawatu Herald, 16 July 1898, Page 3

Supreme Court

Wednesday 18th. Jtjly

IN BANCO. (Before Mr Justice Edwards ) THE RESPONSIBILITIES OF AN EARTHQUAKE. On the morning of the Bth December last the inmates of the house of Mr H. J. Lewis, at Wanganui, were awakened by a severe shock of earth quake. After the shock was over they got up, lit several candles, dressed themselves and left the house taking shelter in an outbuildingNo farther shock occurred, however. About half an hour after leaving the house a fire started in one of the rooms; and the place was burnt down. A claim was made on the Alliance Insurance Oompany for £550, the amount of two policies. The matter was submitted to an arbitrator, Mr D. Peat, who now sought the opinion of the Court as to whether the company was exempt from liability by the terms of one of the conditions of the policies, which provided fchat they should not be liable for fires caused by, through, or during the existence of an earthquake. Mr Toung, for the claimant, argued tbat tbe onus lay on the company of showing that the earthquake was the cause on the fire. Tbe facts found showed tbat it was neither by nor during the exi?. tence of the shock, and it could not be said to be through the shock, because the earthquake was nofc the approximate cause. The fire probably arose through the carelessness of the inmates or some other cause. Mr Bell, on behalf of the company, contended that but for the earthquake the fire would never havp happened, and the construction of the clause was that if the earthquake might have been the cause then the onus was upon the claimant of showing that the fire was attributable to some other cause. • There appeared to be no authorities on the subject of earthquake fires, but illustrations were cited from accidents arising from other causes, such as explosion? and hostilities, &c. His Honour reserved his judgement. Mr Bell pointed out that the matter was one of the greatest importance to insurance companies, as an earthquake might absolutely ruin them. — Poat