PUBLIC BODIES AND SUBCONTRACTS

Evening Star, Issue 18532, 15 January 1924, Page 7

PUBLIC BODIES AND SUBCONTRACTS

POINT RAISED BY FATALITY, fSpiciAn ao thb ‘Stab.’] OAMARU, January 15. The inquest into the circumstances surrounding the death of Harry Baxter, or Harry Baxter Hutcheon, held yesterday, resulted in a verdict implicating the Oamaru Borough Council as having engaged the man and been negligent in tailing to timber the excavation in which the deceased was killed by a fall of earth.

George Doran, plumber, who had the contract to lay the drain from the Hospital Board’s'office to the street drain in Medway street, stated that he had not engaged deceased, but it was the practice of the borough council to do all street ■work and charge the contractors. His men had done the work from the building to the street line, where he considered his responsibility ceased; and he had taken no further precautions over ‘the job. « B. T. W. Owen, borough engineer, stated that he sent deceased to start work at the drain on behalf of Doran, afad deceased was not engaged by him at all. It was the practice of the borough at times to lend members of, its staff to do the work of excavations for plumbers, but the council did not do the work itself.

M'CuUongh, borough foreman, stated that deceased came to him with a note from the borough engineer telling him to supply with tools and to start him on the drain for Doran. He naturally thought deceased was employed as a borough casual hand. Mackay, laborer, a mate of deceased, Slid he was with deceased when he interviewed the engineer for work, and was offered the job, but as deceased bad several children witness then let deceased have the job. In the interview with the engineer the name of Doran was never mentioned.

Mr Ongley, solicitor, and formerly a borough councillor, and Mr Cooney, foreman of the jury (also an ex-councillor) stated that, resolutions were on the council’s books that only the borough should do street work.

The jnxy, after a quarter of an hour’s retirement, returned a verdict in accordance with the medical evidence that deceased was killed by a fall of earth j and added a rideri "We are of opinion that deceased was employed by the Oamaru Borough Council when ho met his death; and also that there was evidence of neglect in not timbering the trench.” The matter now stands that there is likely to he considerable litigation, as it is understood the case will establish a precedent as to the liability of public bodies over sub-contracts. It is also understood that the insurance companies are likely to make a case of it The matter has caused considerable interest in the town, and the result is generally canvassed.