NONSUIT ASKED

Waikato Times, Volume 127, Issue 21250, 22 October 1940, Page 6

NONSUIT ASKED

MINE DISASTER CLAIM SUBMISSIONS FOR COMPANY CASE FOR MANAGER ENDS Application for a non-suit was made on behalf of Glen Afton Collieries, Limited, in the Supreme Court, Hamilton, today, before Mr Justice Blair, when the hearing was continued of a claim arising from the disaster at the mine on September 24, 1939. The claim, which was for £4OOO, was filed by the Public Trustee as executor for the mine manager, Christopher Blackburn, one of the victims of the disaster.

The Public Trustee was represented by Mr A. L. Tompkins, and the case for the defendant company was conducted by Messrs A. K. North and G. H. Wallace (Auckland). Applying for a non-suit, Mr North claimed that there was no presumption of negligence against the defendant company under the section of the Coal Mines Act relating to compensation for death or injury under which the claim was filed. If it were held that the executor for the manager could proceed, then the onus of proof was on him, and furthermore, he must establish a breach of the Statute and must negative the • manager’s own responsibility for the breach. Manager’s Breach Alleged If the plaintiff had cause of action, Mr North submitted, he had failed to establish a prima facie case against the mine * owners, and in any event it was submitted that the action of ! Blackburn in entering the mine in breach of the Statute, inasmuch as he did not have the fan operating, was outside the scope of his employment. Consideration of the submissions was adjourned by His Honour until after the luncheon adjournment and further evidence was called by the plaintiff. Probate of the will of Christopher Blackburn was produced by Sydney George Lamb, an accountant employed by the Public Trust Office, who said that he had made calculations regarding the damages claimed. Deceased was 42 years old when he died. His expectation of life was estimated at over 26 years. Deputy Told of Fire A shiftman employed by defendant company, Thomas Henry Jackson, gave evidence concerning the fire on the Saturday morning, and said it was blazing fairly furiously about six feet from the bottom of the shaft. The flames were extinguished and witness told Wilcox of the outbreak. Wilcox also visited the scene of the fire and witness returned to his work. To Mr North, witness described Wilcox as an efficient workman in whom complete faith could be placed. He was always careful in his work. Evidence concerning the electrical equipment in the mine was given by Gavin Trengove Wilson, a publicworks electrical engineer. Witnes.identified cables and piping which had been fused bv an electrical fault in the mine on September 23. and stated that one cable had pre- | viously been repaired with black insulation tape. That was a bad practice. There was nothing near the electrical fault that would indicate that a fire had started. Operation of Fan David Bryscn Thomson, an underviewer employed by the Glen Afton Collieries, Limited, stated that Blackj burn had always been insistent on j accurate reports being made on the safety of the mine and he inspected i he reports regularly. Underviewers I had definite instructions to report

The Rina- is a lazy track worker. Sirgmund and l..mib<mi n wnu t.igctiirr -I- Of ii-mrlli- I’l.’.ii of X og| after • \mu!ia 1 i iw! \ ! ..his t. • gallop were j Par A\ion and Pa\ Roll, wlio v p .in • -a-ily. Hu- pair ruiming down from 1 lie 1 »air mile in I9s • n Pi n l>. at R ' e Plate. Forsake and Kevin but the rrallop ■ ■•mid not b»* timed owing to the mist, while Foreign Coin, on the bit. led Hal Jar-'oek and Saka Fiona in a similar task. Royre was too speedy for Cunvah and l.adv lioswal over the same ground. The only schooling was that of l>|.ermee Ray and Ruling star over font hurdles, both jumping satisfactorily. TRENTHAM SCRATCHINGS (By Telegraph.- -t ress Association* WELLINGTON, Tuesday i Trentham scratchings include.— I Wellington Handicap: Arita Fee. 2.5 ' a.m.: Rimutaka Handicap: Gayest S<>n: Wellesley Stakes: Dunglce; Guineas, Lou Rosa. )