Firm Failed To Advise Propeller Was Banned

Press, Volume CII, Issue 30050, 7 February 1963, Page 16

Firm Failed To Advise Propeller Was Banned

(New Zealand Press Association)

WELLINGTON, Feb. 6. Mr Justice Hutchison today awarded Southland and Otago Aerial Topdressing, Ltd., £3228 damages against the Cable-Price Corporation, Ltd., for alleged negligence. The judgment said that on June 27, 1957, the topdressing company's aircraft engineer a Mr Walker, intended to dismantle the propeller of one of the company’s topdressing aircraft to make modifications. Before doing so he ran the engine of the aircraft on the ground to investigate a complaint by the pilot. A blade of the propeller flew off and the vibration shook the engine out of the frame. A fire broke out which the engineer managed to put out.'

The aircraft’s engine and propeller were of American manufacture and Cable-Price was the sole New Zealand agent for them and was an “approved firm” under the

Civil Aviation Regulations, 1953. The allegations of negligence were substantially that Cable-Price failed to advise the topdressing firm that the Civil Aviation Administration had prohibited the use of the propeller pending an inquiry into the mishaps which had occurred previously, and that it failed to advise the department it had delivered such a propeller to the firm.

His Honour said both parties had failed to show the proper degree of care, but Cable-Price knew of both the earlier failures and of the definite prohibition of the use of the propeller and the plaintiff did not.