HUSBAND’S DEATH

Otago Daily Times, Issue 25372, 2 November 1943, Page 5

HUSBAND’S DEATH

CLAIM AGAINST POWER BOARD

SUPREME COURT ACTION Tlie action in which Catherine McAusland Twist, of Oamaru, claimed general and special damages from the Waitaki Electric Power Board was continued in the Supreme Court yesterday before Mr Justice Kennedy and a jury of Vi. The claim, (lie amount of which was not stated in court, arose out of the death of the plaintiff's husband in an accident, which was alleged to have been caused through Ihc negligence of the board. Mr O. G. Stevens, with him Mr C. IT. Stevens, appeared for the plaintiff, and the defendant board was* represented by Mr Neil Bowie, of Christchurch.

Evidence was given by Dr R. S. J. Fitzgerald, of Oamaru, that in his opinion electrocution was the cause of death. Cross-examined by Mr Bowie, witness said that, he found no evidence of electrical burns, and it was possible that the marks he saw might have been caused by the deceased’s face coming into con-, tact with the telephone wires as he was being brought clown. Witness added that he presumed that, as Ihe„ deceased bad been working among live wires, he bad received an electric shock.

Mr Bowie: I suggest that the most you can say is that the symptoms were consistent with his having received a shock? —Yes.

Counsel suggested to the witness that the same symptoms would be consistent with death caused by coronary trouble, but witness said he could not agree with that submission. Mr Bowie: From your examination are you able to swear that he did not die of coronary trouble? —No. A post-mcitcm examination was not held. Deceased’s Physical Condition

Dr E. E. Butler, of Oamaru, said that, the deceased, who had been a lodge patient of his for the past 14 years, was a very fit. man. and his health was very good. When witness examined him for the army his medical grading was grade I.

Medical evidence was also given by Dr E. F. D’Ath, professor of pathology at Otago University. Evidence that the deceased had been a strong, active man was given by Herbert Edward Wedde, journalist, and John Alexander Mills, telegraph linesman, both of Oamaru. The witness Mills added that after the inquest proceedings lie had gone to the scene of the accident, where he had examinees the pole on which the deceased was working at the time of his death, and the wires leading to it. The phase wire was not completely stripped of insulation, but the outside covering was off. The phase wire was tied in to the insulator with the bare copper wire which had been renewed on each side of the insulator. Two employees of the City Council detailed the practice that was followed in working on power lines. Lionel Vincent Meyrick, a ganger in the employ of the Waitaki Electric Power Board', stated that the deceased, who was an assistant linesman, had worked with witness in the country and at no time had he worked alone on a live wire up on a pole. Cross-examined bv Mr Bowie, witness said that on one job the deceased actually tied in live low tension wire and assisted in terminating live low tension mains, which would involve working with just, the ends of bare live wire. He had clone this work on one or two occasions. Submissions by Defence

This closed the case for the plaintiff, and, outlining the case for the defendant board, Mr Bowie said that it would be submitted that the onus was on the plaintiff to prove that the deceased received an electric shock. If the jury found that lie did receive an electric shock and that the medical evidence justified the conclusion that it was the cause of death the defence would further submit that there was no negligence on its part. If, /however, the jury considered that there ’had been negligence, the defence would suggest that the deceased had been guilty of contributory negligence and that this was the direct and effective cause of his death.

Technical evidence was given by Robert Davidson Veitch, electrical engineer to the Timaru Borough Council. Clarence James Sullivan, line superintendent for the defendant board, said that all men joining the line staff were given instructions regarding danger, and were warned of the consequences of careless behaviour. Witness had given the deceased a personal warning on one occasion. Notices were posted on the linesmen’s board regarding safety rules. After detailing the duties of the deceased since he joined the board's staff on November 6, 1941, witness said that the practice was to supply rubber gloves to every man whose duty it was to use them if lie thought it' necessary, but goloshes were not worn by men employed by the board. Witness bad inspected the pole after the accident,, and the phase wire, as it was almost, bare of cover, could only be treated as bare wire. At this stage the court adjourned until 10 o’clock this morning.