The Magistrates' Court has dismissed an action filed by Enemalta against Power Cut Limited and found that the corporation was solely responsible for the damages it had sustained after its staff failed to indicate the presence of an electricity cable to the company's employees.

The corporation filed its writ in the Magistrates' Court claiming it had sustained more than Lm600 damages after Power Cut's employees had damaged an electricity cable at Qormi Road, Sta Venera on September 8, 1998.

The corporation declared that while excavation works were being carried out at Sta Venera by defendant company, the latter's employees had damaged the cable.

But Power Cut submitted it had requested the attendance on site of a representative of Enemalta Corporation in order to locate the underground electrical cables.

The cable attendant would mark the position of the underground cables, so that they would not be affected by the works.

It resulted in this case that the cable attendant had been sent on site by the corporation, and that the cables were marked on a regular basis.

Magistrate Silvio Meli noted that the damages to the cable were caused in an area where the corporation's employee had already marked out the position of the cables.

As a result, Power Cut's employees had worked with the assurance that no cables were in their vicinity, but they had hit an electrical cable that had not been indicated to them by Enemalta's cable attendant.

Magistrate Meli concluded that the damages were exclusively due to the fact that the electrical cable had not been indicated to Power Cut's employees.

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