£8000 DAMAGES CLAIMED

Press, Volume XCIV, Issue 28130, 20 November 1956, Page 10

£8000 DAMAGES CLAIMED

DEATH IN DOBSON COAL MINE

HEARING BEGUN AT GREYMOUTH (From Our Own Reporter) GREYMOUTH, Nov. 19. The hearing of a claim by Emma Martha Catherine Granger, of Kaiata, for £BOOO as damages for the death of her husband in an accident in the Dobson State coal mine on April 19, 1956, was begun in the Supreme Court, Greymouth, this morning before his Honour Mr Justice Adams, and a jury. Plaintiff was represented by Mr W. D. Taylor, with Mr A. B. Lawson, and Mr F. A. Kitchingham, with Mr A. M. Jamieson, appeared for the Crown. Opening the case for the plaintiff. Mr Lawson said Mrs Granger had four children, al] girls. Her husband had finished work on his shift, and. with two others, had been walking out oi the mine about 3.30 p.m. on April 19. They had discovered that two trucks had run off the jig tracks and that some timber had come away from the roof. An underviewer in the mine had arrived and told the men to clean up the mess caused by the overturned boxes. The Crown was responsible for the action of the underviewer. Mr Lawson said. While the men were cleaning up the coal, a fall of several tons of stone took place. Granger was killed and another man, who would give evidence, was injured. Counsel said the Crown must be held responsible for the accident ana must therefore pay the damages claimed. Evidence would prove that there had been negligence on the part of the Crown. The roof should have been . retimbered and made secure before the overturned boxes were moved, but the underviewer did no' do this. A proper examination woulc have revealed the unsafe condition of the roof. The underviewer had taken an unjustifiable risk, counsel said. Plaintiff, in evidence, said her husband was 38 years of age at the time of his death. Her eldest daughter had been working at the hospital at the time of her fathers’ death. Her second daughter had left school at the end of last year and had helped in the house. Two younger girls were still at school. Mrs Granger said she suffered from spinal trouble and could not do much housework. Her husband used to do the weekly washing.' He had always been doing something round the house and had sometimes cooked meals. Mrs Granger said her husband had not been a heavy drinker and had only a few bets. He would take about £4 a fortnight from his pay envelope. Plaintiff produced a statement of her husband’s gross earnings ,over the last five years. For 52 weeks before his death his earnings had been approximately £l9 6s gross a week. Evidence of the circumstances of the accident was given by five mine employees. The hearing was then adjourned until tomorrow morning.