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Public Trustee v Auckland Electric-Power Board and John Burns and Company Limited - [1944] NZLR 782

$30.00

High Court Wellington
15-19, 23, 24 February; 1, 2, 3, 4 March; 21 April 1943
Fair J
Court of Appeal Wellington
14, 15, 16, 17, 20, 21, 22 March; 12 September 1944
Sir Michael Myers CJ, Blair J, Callan J, Kennedy J, Northcroft J
Electric-power Board — Electrical Supply Regulations — Electrical Wiring Regulations — Validity — "Use . . . of lines . . . conveying electricity" — "Safety of the consumers or employees and of the public from personal injury by reason of such use" — Obligation of Power Board under Regulations to make Every Five Years Periodical Inspections of Consumers' Installations in Search for Electrical Hazard and to discontinue Supply of Electricity if Consumer's Installation in Dangerous Condition — Death of Employee of Consumer as result of Fire caused by Defects in Consumer's Installation (supplied with Electricity from Power Board's Main) unknown to Power Board created by Servant of Consumer — Failure of Board to make Overdue Reinspection before Fire — Action and Judgment for Damages against Power Board — Whether such Employee within either Term "Employees" or "Public" — Whether Jury entitled to conclude failure to reinspect Proximate Cause of Fire — Whether Power Board liable under Statute or at Common Law — Whether Electricity in Consumer's Installation a Thing Dangerous in itself — Public Works Act, 1928, s 319 (2) (b) — Electrical Wiring Regulations, 1935 (1935 New Zealand Gazette, 2539), Regs 12-03 — Electrical Supply Regulations, 1935 (1935 New Zealand Gazette, 2496), Regs 48-03, 51-41, 51042, 51-43, 52-03.

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