SMH Friday 27 March 1936

SMH Friday 27 March 1936

A verdict for plaintiff for £1226 against the Comissioner for Main Roads in a case in which Florence May 0′Brlen, 24, widow, of Lismore, claimed £2000 damages for the death of her husband, Norman Leslie O’Brien, who was killed on the Main Road, Board’s quarry near Lismore on August 12, was given at the Grafton Supreme Court last night. The damages were apportioned to the widow and the child and an amount towards the funeral expenses of £20. The Chief Justice (Sir Frederick’ Jordan) said that the child’s poition was to be administered on behalt of the child by the Public Trustee. Evidence for plaintiff was that O’Brien was dipping tea from a fireplace at crib-time in the quarry, when ten shots were fired without adequate warning. A shower of stone fell on the spot, a large piece killing O’Brien and a smaller piece striking a man standing beside him. Plaintiff alleged that insufficient precautions were taken to ensure the safety of the men and that. after the fatality, those precautions were instituted, which showed negligence before the accldent. The defence was that every necessary precaution was taken on the day of the accident, and that O’Brien left a safe place under the hoppers to go out Into the open at a critical time, and thus contributed to the cause of his death.

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