DAMAGE TO WINDOW

Wairarapa Times-Age, 15 December 1938, Page 8

DAMAGE TO WINDOW

STONE FROM WORKMAN’S PICK.

INTERESTING POINT OF LAW

Damage to a window as the result of a stone flying up and breaking it while Masterton Borough workmen were engaged in street work formed the basis of a claim in the Masterton Magistrate’s Court this morning, in which ivirs J. T. E. Brenkley proceeded against the Masterton Borough Corporation for the sum of £7 ss. Mr H. P. Lawry. S.M., presided. The case is of considerable interest to local bodies.

Mr N. G. F. Whiteman, who appeared for plaintiffs, stated that borough workmen were engaged outside Mrs Brenkley’s shop in Queen Street, wh'ch was occupied by Mr Goodin, cycle dealer. The men were picking up the street and as small pieces of stones wcie flying up and hitting the shop window one of the workmen suggested to the tenant that he had better put up some protection. The tenant had no paeans of doing sq, nor had he sny obligation. 7he workmen conlinued until a larger piece went through the window. It might be argued that it was an act of God; that might be if it was an isolated incident but several small pieces of metal had struck the window before the larger piece. In other towns, said Mr Whiteman, workmen in streets had trestles with a low but substantial screen around, and knowing the danger in this case, counsel suggested that something similar should have been used. Although the workmen had realised the danger, even to the extent of warning the occupier of the shop, they took no action in avoiding any possible danger. The case rested upon the fact that the borough was negligent in that its .workmen had knowledge of the possible danger and did not take due precautions to avoid it. By no stretch of imagination was it incumbent on the tenant to take action in regard to’ anything the borough was doing in the street. Eric William Renner, an employee of Goodin’s, gave evidence relating to tne circumstances but \as he was not the employee whom the borough workman hod asked take precautions to prevent damage the Magistrate said he considered the latter’s evidence should be taken. The case was adjourned sine die to enable this to be done, as this witness is now a resident of Auckland. Mr R. R. Burridge, for the Masterton Borough Council, mentioned the possibility of an application for an appeal being made, as the point at issue was of importance to local bodies throughout New Zealand. He intended to call evidence to show that screens were never erected by local body employees for the protection of windows.