A MINER'S DEATH.

Press, Volume LXIV, Issue 19482, 1 December 1928, Page 7

A MINER'S DEATH.

♦ —— WIDOW'S CLAIM FAILS. < (PEEBB ASSOCIATION TELEGRAM.) GREYMOUTH, November 80. A claim for £2OO was brought in the Warden's Court before Mr W. Meldrum, Warden, and five assessors, to-day by. Mrs Mary Tennant, of Blackball, against the Blackball Coal Company on account of the death of her husband, Duncan Tennant, as a result of injuries received while working in defendant's mine on October 9th, 1927. The proceedings were not brought under the Workers' Compensation Aot, but under Section 147 of the Conl Mines Act, Tennant was an, underviewer, and entered the mine between 6 a.m. and 7 a.m. He was expected to attend' a lecture about 9 a.m., but he was not present, A search was instituted, and ho was found about 2 p.m. pinned under a from the roof, about five minutes' walk from the mine entrance. Counsel for plaintiff, .Mr P. J O'Regan, gave evidence showing that deceased died from shock and that hnd he been extricated Booner he would have recovered Negligence was alleged on two grounds—that the insw l of the mine was made alone, and that assistance was not available when the accident occurred, and that the defendants failed to provide telephonic communication throughout the mine. For the defence, Mr C. S, Thomas said there was no case against them. No evidence had been callecl to show that it was negligent for the underviewer to enter the mine without a mate. There was no onus upon a coal company to install communication between the various sections of the mine and the surface, but only between the end of the main haulage road and the Burface There was no case to go to the assessors. The Warden, in giving judgment for defendants, said there was no occasion to submit the case to the assessors. The defendants lmd done all required of them, and there was no evidence of negligence on their part. There was no other course but to give judgment for defendants With cost 3.