1967 1 MLJ 272 at 274 on the same day he noticed that the telephone wires had

1967 1 mlj 272 at 274 on the same day he noticed that

This preview shows page 4 - 5 out of 8 pages.

1967 1 MLJ 272 at 274 on the same day he noticed that the telephone wires had been repaired, although one wire was left resting over the electric wires leading to his house and dangling. The electric wires, however, were intact and had not snapped and fallen on the ground. The telephone wire which had been left dangling lay across the path to his house, and his wife or one of his children had to lift it up to let his car pass every time he went out of his house or came back. This witness denied under cross-examination that the telephone wires had fallen down on 3rd December, 1962, although he conceded that it was difficult for him to say after a period of four years whether there was rain and storm on 3rd December, 1962. The only part of his evidence which has caused me some anxiety is his statement that the telephone wires had been repaired and that several wires had fallen down. However, as he had not actually seen any repairs being carried out, I had no reason to doubt his story that at least one telephone wire was left dangling over the electricity wire and resting on the ground for a period of three days. He is an independent witness and I accept his story that this telephone wire had to be lifted up whenever he took his car out and brought it back. Mr. Liew G. Hoe (D.W.2), an electrical engineer employed by the first defendants, on being informed about the accident at about 12.30 p.m., proceeded immediately to the scene. He inspected the electrical installations and found them to be in order. The electricity service wires leading from a pole to the consumers across the road were intact, but there was a telephone wire resting on them and trailing in coils along the ground by the side of the ditch. He saw a few buffaloes and a dog lying dead on the left side of the road facing Klang. According to him, at least one buffalo had a telephone wire entwined at least on one of its legs. Subsequently he inspected the service wires after they had been removed and he noticed a half-inch cut on one of them. As regards this cut, he has expressed the opinion that a buffalo, in getting itself entangled with the telephone wire and in trying to free itself, dragged the telephone wire over the electricity service wire so as to cut through the insulation of the service wire and thus make the telephone wire live. Mokhtar bin Taib (D.W.1), an electrical inspector, was informed about the accident at about 1.30 p.m. He too proceeded to the scene and carried out an examination of the electricity service wires on which the offending telephone wire had been resting. He has testified that the service wire was insulated, but he noticed a section of the wire on which certain pressure had been exerted causing a half-inch cut on the insulation and exposing the conductor slightly at at that point. The witness has expressed the view that when the telephone wire got entangled on the legs of the buffaloes a certain amount of rubbing and pressure being exerted on the insulation of the service wire caused the cut.
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  • Fall '15
  • Law, telephone wire

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