LOSS OF LIFE IN FIRE

Press, Volume LXXIX, Issue 23881, 25 February 1943, Page 6

LOSS OF LIFE IN FIRE

AUCKLAND CLAIM (P.A.) AUCKLAND, February 24. Answers to 17 questions subdivided into a total of 44 were returned by a jury which has been hearing since Monday of last week a claim by the Public Trustee for £4050 damages on behalf of the widow of Francis Harold Baker. Baker died from injuries received at a fire at the premises of John Burns and Company in August, 1941, and the claim was brought against the Auckland Electric Power Board, John Burns and Company, Ltd., and H. K. Brown and Company, Ltd. It was alleged that his death was due to or was contributed to by negligence and breaches of statutory duty of one or more of the defendants.

The jury, after a retirement of four hours and 20 minutes, returned answers in which it expressed the view that the switchboard where the fire originated was not reasonably free from danger to life and property. It held that the Power Board had been negligent in continuing to supply electrical energy in the circumstances and in failing to exercise reasonable care, supervision, and control. This had materially contributed to the cause of the fire.

The jury found that John Burns and Company had failed in various respects to maintain the switchboard free of danger and this failure had materially contributed to the cause of the fire. The negligence was that of John Burns and Company’s servants, but not of H. K. Brown and Company’s. Campbell had been in the employment of H. K, Brown and Company when he attempted to repair a plug, but his act was not negligent, although it materially contributed to the fire.

The jury held that Baker's death resulted directly from the fire. If plaintiff were entitled to recover, damages were assessed at £4OOO general and £2B 15s special damages. Counsel moved for judgment for H. Brown and Company. Mr Justice Fair said it did not appear that any of the answers conflicted. The meaning of the answers and their application seemed clear and that was satisfactory to all parties. All matters arising out of the action, including non-suit points, and the effect of the answers to the issues would be reserved for consideration next Monday.