BURNS FIRE CASE

Auckland Star, Volume LXXIV, Issue 41, 18 February 1943, Page 6

BURNS FIRE CASE

WIDOW'S £4000 CLAIM

APPLICATIONS FOR NONSUIT

The defence in the Burns fire case was commenced before Mr. Justice Fair and a jury in the Supreme Court to-day. Defendants are the Auckland Electric Power Board (Mr. Richmond and Mr. Rogerson), John Burns and Company, Ltd. (Mr. Johnstone, K.C., and Mr. Goldstine), and H. K. Brown and Company, Ltd (Mr. Finlay), from whom the sum of £4000 general and £50 special damages is claimed by the Public Trustee (Mr. North and Mi 1 . Wallace), on behalf of the widow and family of the late Mr. Francis H. Baker, an employee of John Burns and Co., who died from injuries arising out of the flre - ■ • , Nonsuit motions were raised by Mr. Richmond (Power Board), Mr. Johnstone (John Burns) and Mr. Finlay (H. IC. Brown), and were reserved for later argument. Opening the case for John Burfii; and Co., Mr. Goldstine said the plaintiff not only had to prove negligence by the company, but also had to show there was no contributory negligence by Mr. Baker. The fire was not the direct cause of Mr. Baker's death, so the origin of the fire was irrelevant. He would bring evidence to showthat there were alarms, ample exits and fire escapes. Not only that, none of the employees was at any time in danger. Further evidence would be led to show that Mr. Baker was never at any time affected unduly by heat or smoke, and that when given a chance to go down a ladder from the verandah top, a distance of 12ft, he elected to go by a rope. It would also be shown that he was quite normal when he started to go down the rope, used safely by one before him and others after, and that for some unknown reason he let go his hold and fell. Evidence on these lines is proceeding.