£1100 FOR WIDOW

New Zealand Herald, Volume LXXV, Issue 23097, 23 July 1938, Page 16

£llOO FOR WIDOW

LOSS OF HUSBAND ARAPUNI ELECTROCUTION ACTION AGAINST DEPARTMENT JURY AWARDS DAMAGES [from our own correspondent] HAMILTON, Friday A claim for the recovery of £ISOO damages was made before Mr. Justice Heed and a jury of 12 in the Supreme Court at Hamilton to-day by Lydiu Ruby Ballard against the Public AA orks Department arising out of the death of suppliant's husband. Percy A\ allace Ballard, a young man, who was electrocuted while employed at Arapuni 011 April 1, 1037. Mr. J. F. Strang and Mr. K. L. Sandford appeared for suppliant, and Mr. H. T. Gillies and Mr. J. H. FitzGerald represented the respondent. Mr. Strang said deceased was employed as a labourer at Arapuni at £i a week. He met his death when passing a 16ft. Gin. long half-inch steel rod to a mate named Fox, who was placing them into positions in a reinforced concrete column. The rod 110 doubt touched or went very close to a cowling which was charged with 63,500 volts, and was only Bft. away from where Ballard was standing. No one actually saw Ballard receive his injury. The suppliant claimed that the accident was due to the failure of deceased's employers to provide saieguards against contingencies which might arise. Moreover, it was submitted that deceased had received no warning from the department of tho danger in which he stood. Mr. Strang said it was admitted by the department that deceased was cmployed by the department and that while he was so employed he met his death. It was admitted that he was handling the steel rod at the time, but it was denied that such handling was ill close proximity to the lightning arresters. It was denied that the work was dangerous, and that there had been failure on the part of tho department to warn deceased of any danger. Contributory negligence was alleged, in that deceased failed to handle the rod in a careful manner. The jury returned a verdict in favour of the suppliant and awarded her £llOO damages and costs. Judgment was entered accordingly.