PETITION OF RIGHT

Greymouth Evening Star, 13 September 1944, Page 2

PETITION OF RIGHT

WALLSEND MINERS’ CLAIM

In the Magistrate’s Court at Greymouth, yesterday, before Mr G. G. Chisholm, S.M., Battista Caldana, of Dobson, represented by Mr W. D. Taylor, claimed from the King, the sum of £162/8/8, comprising £5O general damages for the loss of portion of the big toe of his left foot, £5l/4/8 special damages and £6l/4/-, the amount of the Grey Hospital Board s account. Mr F. A. Kitchingharn represented the Crown. Suppliant, in his petition, stated that on August 5, 1943, he had his left foot caught in the moving parts of a winch in the mine, where he was employed as a shiftman, and that he subsequently had the terminal joint of the toe removed. He alleged that the Mines Department was negligent in that the part of the winch referred to was not guarded to provide adequate protection and that the i winch was in such a position that 1 the driver could not see the working parts and so ensure that no one was in the vicinity of them when he started the winch. I Suppliant, in evidence, said that ; on August 5, 1943, while at work m the Wallsend mine, he had occasion to leave his particular work and go about three chains to get a shovel with which to remedy a spread of rails. When he was returning the “lay-by” was full, one line with lull boxes and the other with empty boxes. He caught his foot in a hole at the bottom of the casing over a winch as he was trying to climb over the casing. There was no other way for him to get back. The driver started up the winch just as he started to climb, and the big toe ol his left foot was caught. Prior to the accident he did not know .there was a hole in the casing. He had seen other men climb over the casing when the “lay-by” was full. To the Magistrate: He did not see ’ where he was putting his foot when he was climbing over the. casing. Further, in evidence, witness said he was in hospital for 72 days. He produced * the hospital account for £6l/4/-. Part of the toe was removed in hospital. His toe was still sore at times, and affected him when climbing or walking on rough surfaces. The hole in the casing was the only exposed part of the winch. To Mr Kitchingharn: The winch had been in the same position for over 12 months. He did not expect the winch to be started as the road had to be repaired. The winchman was only five or six feet from witness. He did not tell the winchman that he intended to climb over the casing. Since he had been back at work he had been earning shiftman’s wages. Francis Bell, winch driver in the Wallsend mine, said he saw Caldana get to within 12 feet of the winch, and then a trucker told him to pull the empty boxes up a little. The winch had been going only two or three seconds when he heat’d Caldana calling out. Witness found that Caldana had his foot caught in the hole at the foot of the casing of the winch. The casing rested on a girder and was set back' about two. or three inches from the edge. The winch was greased through the hold in the casing. He had previously seen men go over the casing when the “lay-by” was full, as that was the only way possible. .Just inside the hole in the casing there was a spoked wheel. On the day following the accident the manager nailed a couple of square pieces of- wood over the hole. If these pieces had been on before the accident Caldana could not have got his foot caught. To 'Mr Kitchingharn: Witness had his back to Caldana at the time of the accident. That was the normal position in shifting the empties. He did not know Caldana was going to climb over the casing. Witness would not have climbed over if he had been in Caldana’s place. To the Magistrate: Caldana could have waited until the full boxes were out of the road. There w r as no recognised correct way of getting through when the “lay-by” was full. To Mr Taylor: It would be perfectly safe to clamber over the winch casing if the winch was going, when the pieces were put over the hole. Dr. K. Kent, of Brunner, said that suppliant lost part of his left big toe and he was sent to hospital. The end joint was removed. Now the wound was healed except for a small sinus. He had always complained of nain underneath the toe. The loss of half of the big toe would make actions such as walking, climbing and jumping more difficult.

This completed suppliant’s case and the luncheon adjournment was taken.

DEFENCE EVIDENCE

The following witnesses gave evidence for the defence:—

. James Alan Gibson, mine-surveyor, of Dobson, produced a plan of the winch, with its casing, as on the day of the accident.

Francis Edward Lockington, manager of the Wallsend mine, said that the box covering on the winch at the time of the accident had been used on the winch since the construction of the winch. He produced a sketch plan of the area in which the accident occurred. It was possible to pass between the boxes but it was inconvenient. The space between the boxes was 10 inches. The man should not have climbed over the casing of the winch. All the other haulages in the mine were merely fenced off with one or two railings, or pipes, and that was , the practice in most mines in which he had been. Unless a man made arrangements with the driver to en-< sure that the winch did not start it was dangerous at any time to climb over the winch. He had not seen or had reported to him anyone climbing over the winch and he had not received any complaint that the machine was not properly protected. j To Mr. Taylor: The whole obening was 2ft. 6 inches by eight inches. It would have been ouite safe for Caldana to have walked between the stationary trucks. Moyihg parts of the winch were within three inches of the casing. In theh case of the fences the machinery was about a foot inside the fences. Charles Hunter, Inspector of Mines, said that for the purposes of his Department the moving parts of the winches were adeouaiely guarded. The usual practice- in mines in regard to protection from moving parts of machinery was to erect a fence of railings or expanded steel round the machinery. The idea of the fence was to warn people of the danger and to Drevent people inadvertently walking into danger. To Mr. Tavlor: He made no 'inpection at the time of the accident. To the Magistrate: His oninion was that ihe boxes should have been moved to allow Caldana to get through—Caldana should have waited until the boxes were moved. 1

John Bell, deputy at the 'Wallsend mine, said he had never seen anyone climbing over the box over the winch, which was a dangerous proceeding. Bo.th Counsel addressed the Court on the law issues, and on the evidence. Decision was reserved aftei’ a hearing which lasted four hours and a--half.