DAMAGES CLAIM

Evening Post, Volume CXXXV, Issue 39, 16 February 1943, Page 4

DAMAGES CLAIM

SEQUEL TO AUCKLAND FIRE

AUCKLAND, February 15. An echo of a large fire in the city on August 19, 1941, when John Burns and Company's premises were extensively damaged, was heard in the Supreme Court today when the widow of the late Francis Harold Baker, an employee of Burns and Company, who received fatal injuries as a result of the fire, claimed through the Public Trustee, £4050 damages from several defendants, including the Auckland Power Board, John Burns and Company, and the electrical engineering firm of H. K. Brown and Co.

Messrs. North and Wallace appeared for the plaintiff, the Public Trustee, Messrs. H. P. Richmof and H. M. Rogerson for the power board, Messrs. A. H. Johnstone, X.C.. and I. J. Goldstine for John Burns and Company, and Mr. G. P. Finlay for Brown and Co.

Mr. North said Baker was a cashier receiving a little more than £8 a week, and the claim of £4000 was made to recoup his widow and two children financially. He was on the premises at the time of the fire and could have escaped, but courageously remained to put away the firm's books and was trapped. Endeavouring to escape from the first floor by a rope, he lost his grip on the rope and fell, receiving fatal injuries. The startling defence of contributory negligence was raised, said counsel, but he proposed to lead evidence to show that Baker was "groggy" when he tried to descend by the ropes.

The case is proceeding and the hearing is expected to last several days.