MAN'S FATAL FALL

Auckland Star, Volume LXXIV, Issue 42, 19 February 1943, Page 4

MAN'S FATAL FALL

£4000 DAMAGES CLAIM

EVIDENCE IN BURNS CASE

Evidence supporting the defence of John Burns and Company Ltd., was continued before Mr. Justice Fair and a jury to-day in the action in which the Public Trustee, on behalf of the widow and children of the late Francis Harold Baker, claims £4050 damages against 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). Plaintiff's case was presented by Mr. North and Mr. Wallace. Mr. Baker s death was admitted to have been the result of injuries received in a fall when escaping from a fire in the premises of John Burns and Company, where he was employed, in August, 1941. Plaintiff alleged that the origin of the fire was due to, or contributed to, by the negligence and breaches of statutory duty by the defendants, or by one or more of them. Describing the fatal fall, a witness, Percy F. Cobb, said Mr. Baker at the time seemed quite normal and was being lowered slowly by a rope with one foot in a loop and a grip with both hands on the rope above his head. At one stage he loosed the grip with his right hand, apparently to steady himself, and his foot in the rope seemed to shoot forward and up. Mr. Baker tried to grab the rope again with his right hand, but missed and fell to the ground. The rope did not slip in any way. Other witnesses testified that Mr. Baker got on the rope without assistance and was normal, not affected by smoke or heat.