£15,000 CLAIM

New Zealand Herald, Volume LXXIII, Issue 22405, 29 April 1936, Page 16

£15,000 CLAIM

MILL FIRE SEQUEL CAUSES INVESTIGATED CASE FOR THE DEPARTMENT TECHNICAL EXPERT'S EVIDENCE The. hearing of tho petition for £15,070 damages, brought by the Morningside Timber Company, Limited, against the Now Zealand Railways Department,* was continued before Mr. Justice Callan and a special jury in tho Supreme Court yesterday. Tho action has arisen as a result of an extensive fire in tho company's premises on December 1, 1934, which, it is alleged, originated from a spark from a railway engine passing the premises, which adjoined tho railway line at Morningside. The first witnesses for the respondent were called yesterday, and gave ei idenco largely along technical lines regarding the construction of the spark arrester and ashpans fitted to the engine from which the spark is alleged to have been emitted. The Vtition, brought under the Crowu Suits Act against His Majesty the King, sets out that on December 1, 1934, a railway engine passed tho company's property at about 1.47 p.m., and caused a fire in the vicinity of tho railway line, which spread to the company's property. It is alleged that the fire was caused by the negligence of respondent's servants. This is denied by respondent. Mr. Finlay, Mr. Stanton and Mr. Mackay are appearing for the suppliant company, and Mr. H. F. 0 Leary, K.C./ of Wellington, and Mr. Hubble for the Crown. Continuing his opening address when the Court resumed, Mr. O'Leary said evidence would be called to show that the mill authorities had mado no real effort to guard against fire, while the fire-fighting appliances at tho mill were absolutely inadequate and useless for the purpose. Examination of Engine Records for November and December, 1934, were produced by Sidney Martin Yallop, Government weather observer in Auckland. Ho said the total rainfall in November was 1.17 in. Nearly lin. fell on tho four days, November 17, 18, 20 and 21. The fall of rain in this month, would tend to promote a fresh green growth of grass. In December the rainfall was 2.3tein. Ihe wind was north-east, and a gentle breeze on December 1. William Taylor Ormsby, a boilermaker, employed in the locomotive yards at Auckland, Baid that on December J, 1934, his job in the yard included attention to spark arresters and ashpans. He examined engine A6Ol on that day and passed it as being in Sood order. It was brought in, cooled own, and washed out, and the spark arrester/ and ashpans examined. The ashpans were in perfect order, and empty of ashes. Witness added that he examined the engine on December 3 and was satisfied that the spark arrester and ashpans were in good order. / Cross-examined by Mr. Finlay, witcess said he did not agree that an arrester" which had a space between the baffle plate and buffer was .a defective arrester. Condition of Equipment

Harold Winter Cole, secretary of the New Zealand Society of Civil Engineers, and a member of the Institute of Mechanical Engineers, who stated that he' had long experience with the Government railways in India, expressed the opinion that the standard grid type of spark arrester used in New Zealand was perfectly sound. He had examined the arrester and ashpans of .engine A6Ol in June, 1935, and considered they were in good working Witness added that he did not think the defects mentioned by a previous witness would have any material effect on the efficiency of the spark arrester v On A6Ol. He did not agree with the "** assertion that the value of the arrester was zero, , Cross-examined by Mr. Fmlay, witness said that having regard to all the conditions, including the way in which the train was loaded on the day of the fire, he thought it would not ■ have enough draught to throw sparks on going out of Morningside station. Thomas -Harold Curtis, the driver of -• engine A6Ol on December 1, said he *■ accelerated slowly after leaving Morn- „ ingside station, carrying out instructions given to drivers that they should avoid raising sparks. His draught was very light. The engine waß examined * at Helensville after the run, and he found everything in order. The hearing was adjourned until to- - day.