Untitled

New Zealand Times, Volume XXXIII, Issue 5330, 27 April 1878, Page 2

The inquiry into the death of Nowlan Powell, who was killed in Willia-street on Thursday,' clearly shows that the unfortunate man lost hia life owing to reasonable care not having been taken to protect him and those working with him from a sudden fall of earth. The deceased was in the employ of a carter named Millar, who supplies ballast to ships, the stuff being taken from the face of a high cliff at the rear of Mr. Williams’ houses. There is no doubt that the deceased was improperly exposed to great risk of injury, and for this his* employer is clearly blameablo. But Millar did not ask bis men to incur any hazard that he did not share. This was taken into consideration by the coroner, and also by the jury, there being little doubt that had Millar, been merely looking on the verdict would have reflected on him more severely than it did, and possibly he might have been committed to take his trial for manslaughter. He was gravely censured for not having a proper look-out kept while men wore engaged in such a dangerous operation as undermining the high bank, and this will no doubt cause him and others to be more careful for a time. The effect of warnings wears off by degress, and it is by no means unlikely that ere very long Millar, if engaged in the same class of work, may incur an equal risk. His own narrow escape, and the sudden death of a man by his side, must make a more lasting impression upon him than any censure passed by a jury. Yet tiffs may. not deter him or others who know of Powell’s shocking death from working in. an equally hazardous manner. Fatal accidents caused by falls of earth have been lamentably numerous in Wellington during the last few years, and while men are employed beneath treacherous ground,' without having a proper watch kept, such cases will occur. , In largo excavations like those at O’Malley’s contract there can be no excuse for not keeping proper gangers, who would be on the watch to protect the men: but where only three or four are employed each one looks out for himself’ and for the others. It will not pay to have anyone merely watching, and hence they are in greater danger than large parties. They are more in’ the condition of miners working as mates, where thero is no employer, and each is as responsible for carelessness as the other. In such oases it is almost impossible to inflict a punishment by process of . law, and if Millar had been committed for ( trial' his case would , have been by many deemed a hard one. The real remedy is in the hands of the men themselves, and if they will not exercise individual caution we fear the law cannot protect them.