WIDOW’S CLAIM FAILS

Sun (Auckland), Volume II, Issue 526, 1 December 1928, Page 7

WIDOW’S CLAIM FAILS

HUSBAND KILLED IN MINE COMPANY EXONERATED Press Association GREy MOUTH, Friday. A claim for £2OO was brought in the Warden's Court, before the warden, Mr. VV. Meidrum, and five assessors, to-aay, by Mrs. Mary Tennant, of BiackDail, against the Biackoaii Coal Company, on account of the deaAi of her uusodnd, Duncan Tennant, as a result of injuries received while working m detenuani’s mine on Octooer 9, L 927. Deceased was an unaerviewer. ana entered the mine between o a.m. and 7 a.m. He was expected to attend a lecture about 9 a.m., out he was not present. a. search was inscLucea and lie was i.ouna aouut 2 p.m. pinnea under a fall irom the root, about nve minutes waiii ifom the mine entrance. For the plaintiff evidence was given oiiowmg Liiau deceased died irom snock and tnat uaa he been extricated sooner ne w~uid nave recovered. Negligence was alleged on two grounds—that che inspection of trie mine was maue a.one and that assistance was not available when the accident occurred, and that the defendant company failed to provide teiephon.c communication througduUw Lire mine. For the defence it was contended no evidence had been called to show that it was negligent for the undervie wer to enter the mine without a mate There was no onus upon a coal company to mstal communication oe.weeii the various sections of the mine and the surface, but only between the end of tht main haulage road and the sur 1 face. There was no case to go to the assessors. The warden, in giving judgment for .he defendant company, said there was no occasion _o submit the case to the ' assessors. The defendant company : nad done all required of it, and there • no - vidence of negligence on its j i part. There was no other course but ; to g.ve judgment for defendants, with • costs.