ACCIDENT IN MINE

Press, Volume CI, Issue 29843, 8 June 1962, Page 14

ACCIDENT IN MINE

Leave To Sue Sought

Mr Justice Richmond in the Supreme Court yesterday reserved his decision on an application by a West Coast coalminer for leave to bring an action for damages out of time.

Eric James Hill <Mr J. Cadenhead) sought to bring against the Mines Department (Hr H. A. E. Maitland) an action for £2OOO damages for leg injuries suffered in the Denniston State coalmine on September 15, 1959 Hill claimed that his leg was injured when he caught his foot in railway points while he was attempting to hold a runaway coal truck. He claimed that the accident was caused by the negligence of the Mines Department in failing to have an adequate signalling system relating to the distribution of trucks in the mine.

He also alleged that a winchman was negligent in intentionally giving a signal to show that no more trucks were coming when he knew or ought to have known that more were coming. He alleged negligence on the part of another employee in releasing a truck into an area of the mine when it was dangerous to do so because that area was or might have be»n unguarded. Two more employees were negligent, he alleged, because they left that area unguarded when they should have anticipated the possibility of more trucks arriving there.

Hill said that because of his injury a cartilage was removed from his right knee and another cartilage was torn, he was permanently restricted in the nature of his occupation and enjoyment of life, and he had incurred a loss of wages.