A LONG DROP

Sun (Auckland), Volume 1, Issue 49, 20 May 1927, Page 9

A LONG DROP

FALL INTO RAVINE ACTION FOR DAMAGES FAULTY PLATFORM ALLEGED LOOSE plank,- one end of ' which was not resting on a bearer, is claimed by Sydney Hamilton Hollis, a blacksmith employed by the Public Works Department, to be the means whereby he was precipitated into a ravine some 30 or 40 feet below. As a result of the fall he received severe injuries, and yesterday afternoon he proceeded against the Department petitioning for damages to the extent of £847. Negligence on the part of the Department in not providing sufficient timber to adequately plank the scaffolding, was claimed. His Honour Mr. Justice Herdman presided and there appeared for the petitioner Mr. P. J. O’Regan (Wellington), and Mr. J. J. Sullivan. The Crown was represented by Mr. V. R. Meredith, and Mr. V. N. Hubble. Outlining the claim Mr. O’Regan said that on April 16, 1926, the petitioner was assisting in the erection of a bridge across the Ohura River at Toi Toi, on the Ongarue-Stratford railway line. For the purpose of carrying out riveting work a swinging scaffold had been suspended from the girders of the bridge. It was claimed that owing to the dearth of timber provided the decking of the scaffolding had to be removed frequently as the work progressed, and it was while petitioner was moving to a fresh position he stepped on to a loose plank which gave way from under him. Had there been sufficient timber available, said Mr. O’Regan, the decking would have been placed both lengthways and across. In that event the accident would not have occurred because the plank would have had sufficient support even if the end was not resting upon the end supports. On the previous job petitioner had complained about the necessity for more planking, and the man in charge of the job had promised to have the matter attended to. Hollis, said counsel, had received serious internal and external injuries, in consequence of which he had been totally disabled from working. He was suffering acutely from shock and pain and was seriously and permanently injured. Petitioner had received from the Public Works Department the sum of £55 19s 2d, but claimed the sum of £847, made up as follows: Hospital and medical expenses £35, loss of wages to date £312, and general damages £SOO. MORE DECKING WANTED The petitioner, Sydney Hollis, who stated that he lived at Akahukura in the Auckland district, gave evidence in regard to the accident, illustrating the occurrence by means of a model of the bridge. He stated that he had been in the employ of the Department for 14 years, being employed principally on the Stratford-Ongarue railway. At the bridge In question the decking did not extend over the whole scaffolding, and he complained on several occasions to the overseer, Mr. McHarrie, who said he would order the timber when he went back to the yard. When he stepped on to the loose joist, said witness, it tipped him up and fell with him into the river bed. The fact that the end of the joist was not resting on a bearer was concealed by the decking. The plank fell after him hitting him on the chest and breaking his ribs. Dr. S. A. Bull said that petitioner was at present unfit for work, largely on account of diabetes. He thought there was a definite connection between the diabetic condition, and the accident. Claimant was neurasthenic and would probably always be incapable of working at a height. Corroborative evidence was given by Dr. W. C. McCaw. At this stage the case was adjourned until this morning. When the case was resumed this morning Mr. Meredith said it would be shown that in no case was a bridge of 66 feet completely decked for working purposes. On the bridge in question more timber was used than usual. When men were accustomed to taking risks they became careless. When they took unnecessary risks they alone were responsible, and although one could not help but sympathise with them the fact remained that they alone were responsible. John H. McHarrie, Public Works overseer, said it was not a practice to deck the whole length of bridges. In the middle of the bridge there were planks resting on steel joists to enable the men to get backward and forward. Once that decking was removed the men were not supposed to work there. To reach the spot where the loose rivet was situated, Hollis should have walked in the middle of the bridge. (Proceeding.)