DAMAGING GAS VPIPES.

Timaru Herald, Volume XIIIC, Issue 14324, 14 October 1910, Page 3

DAMAGING GAS VPIPES.

PLUMBING FIRM PRO'cECTTED. CONVICTED BUT NOT PENALISED. An unusual ca?s cjaie befora Mr V. G. Dav. S M. ju the Timaru Magistrate's Court- yesterday morning, wlieu Alexander Philip and William Roy, partners in a plumbing business, wer* .-bar'-cd that on or about July 2fltli thev°did wilfully damage a certain pine belonging to the Timaru Gas Coal i and Coke "Coy., Ltd., for supplying "a'- eontrarv to the i'onn ot t-lie statute. Defendants were represented bv Mr F,i"s!ie, who entered a l'lea el nit guilty, Mr Knubley appearing ior the Coaip..uy. Jl r KnuHey said that the- inti-riiia-tion was laid under section --1 . oi , o ''. !l , c I Timaru Gas Company's Act-, of IS. •>, and he mentioned that as proviuoa bv section 3(j, there had been a proper display of the penalties tor any breac.i. The present iniormation was laid because oil .several previous trceasious plumbers and persons connected with tile underground drainage ot the town liad interfered very considerably with the Gas Company - .-' pipes. the defendant: had the contract lor the un-der-round drainage at Chalmers Church, and had damaged one pispipe so much that a Sunuay evening service two days later .bad been interlliptod. \Villiam Arthur Courtis, the Company's manager, .-aul that no application had been made by delendants to interfere with the gas-pipes at Chalmers Church. Oil-Sunday. July -31 st. at about 7.15 p.m., a young man cnino round to witness' house and complained about the gas lights in the church jumping up and down during the .service. On Monday morning lie sent Mr Fleck down to locate the trouble, and eventually by disconnecting the meter the latter found what v. as wrong. The interior portion of tbe fittings was all right, but the service pipe outside, 011 the top of the drain pipe was lying the wrong way. There could be 110 doubt that the pipe aad been lifted up, and witness was satisfied that the defects had been caused by the defendants while working at Chalmers Church. A branch of the main pipe running into the schoolroom was also leaking. Witness had had a conversation with Mr i'sv, in which the latter practically admitted having shifted the pipe. To Mr Emslie: This was the nrst action of its kind that the company liad appeared in. The small leak discovered would not cause the lights inside the church to jump up and down, that would be caused by water gathering in one portion of the pipe. The water could accumulate through condensation, and the fact that the pipe in one place fell the wrong way would cause the effect complained of. The Company had sent- defendants an account for 30s for the damage. Re-examined by Mr Knubley: The grade of this pipe had been altered. Action had been threatened by the company against other people for interference with pipes, but they Lad squared up. Robert Herbert Fleck, inspector to the Timaru Gas Company, said that--011 the morning of August Ist he went round to Chalmers Church, and found something wrong with the service pipe. On applying the spirit level they discovered that about- seven or eightfeet away front the crossing with the drainage pipe there was a dip in tiie gas-pipe-. The grade of the pipe had been altered, and it was lying towards the building instead of towards the street. That caused the water to accumulate at one point, and he was quite satisfied that "the pips had been recently moved, although 110 application for that purpose had been made. He was also satisfied that- the nine was not so serviceable as it used to l>e. as there had never been nnv complaints before in regard to the lighting oi - CUntmprs Church. He spoke tu°.\lr , Philip about l-he matter, and he admitted that lie had shifted the pipe about an inch. He said he had novelmade application to the manager of th? Company because he knew he would be charged. To Mi' icnisliji; Vr Philip told witness ''we raised the pine abou'c an inch." 'Tile pip? had not been laid dead level in the first place, and with the- clip in it caused by some cue lifting it, H'.iuld carry sufficient water in two days to cause the pulsation complained of. This concluded tho case for the prevention. For the defence _ Mr Emslio subm.'tted that the information should be dismissed. It had not been shown that either of the defendants liad anything to do with tho slu'fting of the pipe, aiid that was necessary in a quasi-criminal case to secure a conviction

His Worship did not- agree with Mr Emslip oil this uoini, Defendants were liable for an act winch onnie within the scope of their work, even though it was done by thair work-

men. Mr Emslie: "The person who acti;- : ally does the damage is liable." i Mr J)ay: This is neither'a criminal nor a civil case, but it is plain that defendants arc- liable, for £he action of their workmen in the carrying OWP of

their duties. . _ , Mr Emslie, continuing, said that defendants were at a loss to know why they had been singled out for prosecution. when there were so many complaints about tampering with the pipes. He subjoined that the gasI pips had be&rt defective uli along, wad i the Company wished to attribute . I th® trouble to tlie drainage contra c- ! tors. He would bring sufficient evii aenco to show that- Lho ;/:pr? was ! faulty before the trench was opened, ! and that it liaei been replaced in iis 1 i former position by experienced men , I rcurh movement. The pip.' j i bad . ffrrying more water than j iit should lint* fjfttii before, and the , ! lelerrerl ft. "|ijf -\! r l r |efsjf I I wouiu »ot oS it-eli* cause a block, j Alexander" J'bilni, licensed drainer, 1 and also a licensed plumber, said Clint his firm haft the contract in connection with the drainage of Chalmers Church, They had to cross the main gas nervict- .>•;-)} ;i!ntin.g down their pipe, and hud n> lilt li. ui> r, shade. However it had been placed Ijaek i|i the .same position. When the trench was opened in the ili'sl. jlllMt' his draifi"r drew bis attention to '.lie smell of gas. which was so strong tliat tl,i* men could hardly work near it. Kvcry • r.- b:;i| been taken in

| th(» operation*, I Kvifk»ii:e w;i> 1»y .John Ho^t'

Smith, sanitary insntvior for Urn BormiL'n Cuinicil. and Jf'rJtard I'oiirli, Vicrnsf'd Hrainw. ,uv lo tin- cam takni In* the lattw in laying fjov/p i!»{> rm»if at ('•hairier-. Cjiurdt. His \\orshio s:th! thai la* was fvcrl that tliP leak \v;i*; thrrn lir-foro Philips ami Roy mm iiM>nr.'<J work. ith regard to rhf* oljii'r injury iu* oould only eoua- to it»" >",pHii!>ion Unit it \vn> emigre] during lh" <>)»"»; ii ii r»I" tho draiiwtrr r:ir-f<.rTli«» in for- i matirvii was li.id f-o tic il, n |. Mif , O p f<?n'hinfj fMrst'fl v. ilful *I ;j im.-iim., !hiM '.viH nil** <Vhl not ini'iiri wji J i inlvnl.

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