WRIT ISSUED

Hauraki Plains Gazette, Volume 59, Issue 4291, 14 June 1950, Page 6

WRIT ISSUED

LOCAL BODIES SUED SINKING OF LAUNCH ACCIDENT IN WAIHOU RIVER A writ has been issued by Mr -David Baden Powell of Thames, fisherman, against the chairman, councillors and inhabitants of the Hauraki Plains County, the Thames Valley Electric Power Board and the mayor, councillors and burgesses of the 'borough of Thames for the sum of £BB7/8/9 upon various grounds set out in a statement of claim having reference to the sinking of the plaintiff’s fishing launch “Bettabee” near Turua during the month of February last. The statement of claim alleges that the Hauraki Plains County Council was the owner and occupier of the Turua wharf, which it controlled and managed. The Thames Valley Electric Power Board entered into a contract in which plaintiff was to use his launch “Bettabee,” subject to the board’s engineer’s instructions to assist in towing a barge from Netherton to Turua and in laying a cable across the river Waihou. The plaintiff was to supply his launch, the board to supply all labour, plaintiff to receive £l5 per day for the use of his launch.

The Thames Borough Council, the statement of claim alleged, was the owner or controlling authority responsible for the bed of the Waihou river adjacent to the Turua wharf. On February 7 plaintiff whilst carrying out his contract suffered damage, his launch being holed and damaged by being driven on to a submerged broken or rotted-off pile in the bed of the river adjacent to the Turua wharf.

The statement of claim continued that the launch was driven by plaintiff on to the said 1 pile consequent upon -previous instructions to plaintiff by the servants of the power board and representations that there were no piles in that vicinity.

After the launch had been driven on to the pile the servants of the power board removed the barge that was buoying the launch causing additional damage to the launch and causing it to sink* The plaintiff alleged that the power board servants were negligent in the performance of their duties. Negligence was alleged on the part of the county council in that it allowed the pile to fall into a dangerous state of disrepair so that it rotted off and remained submerged at high water and failed to keep safe the approach to the wharf. Negligence on the part of the Thames Borough Council was alleged in that it failed to maintain the said .pile in a safe condition. Details of Claim The claim of £387/8/9 was made up as follows: — Cost of salvaging launch, £ll3/4/-; cost of repairs to launch, £324/4/9; depreciation of machinery, £150; depreciation of hull, £100; plaintiff’s labour while boat totally disabled or loss of profit, £150; plaintiff’s labour, £5O; total, £BB7/8/9. The statement of claim has been filed by Mr K. H. Purnell, solicitor of Thames and Messrs Gilchrist, Sons and Burns are acting for the Thames Valley Electric Power Board.