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The Otautau standard AND WALLACE COUNTY CHRONICLE. Wednesday, May 10th, 1905. FARMERS AND THRESHING CONTRACTORS.

On Thursday last, m Invercargill, Mr W.G. BiddeH, S.M,, gave judgment m the case of Beck v. Collie. This is a case that has^ been before j the public for some time and has evoked a considerable amount of interest, especially amongst those engaged m agricultural pursuits, as it involved a principle the settling df which was of vital importanca to farmers, as well as threshing and chaff-cutting- contractors. After hearing a large number of witnesses,, the magistrate has given his decision m favour of ths. claimant, and the owner of the mill has been mulcted m substantial' damages, together with the costs of,the case. That the Magistrate's decision will have a most important bearing upon the relationship existing between the farmer and the contractor goes without saying. The conditions hitherto existing and the remuneration sought and paid has never contemplated the contractor's acceptance of the risk of having to pay the* capital value of the produce he was treating, m the event of its destruction, and while, m the present instance, the conclusion has been.arriyed at that there existed negligence or a lack of care on the part of the contractor, the responsibility of deciding exactly the point where lack of sufficient care ends and negligence begins is, however, still left an open question, and might, m the event of an' accident, at any time lead to litigation. What impresses itself upon us is that farmers who are perfectly, well aware of the risk which attaches to fire being present m the vicinity, of , a commodity so inflammable as a stack of straw, are so persistently careless and negligent m 'protecting themselves against' loss. With the ample provision which is made both by the Legislature and Fire Insurance Companies for providing against individual loss; at so small an outlay, we* have not very much sympathy to extend to them when they decide on such a penny wise and pound foolish policy as to carry the whole : risk upon their own shoulders. It seems to us an unfair position . that the farmer places himself m when he leay,e§> hirnstelf 'in- doubt as to whether he is goings to reap any re.ur*n from his year's labour m the production of grain by-., his lack of prudence. For a trifling ambunt which should- be embodied m his estimate of cost, he can, by throwing the risk on to an Insurance Co. whose business it is, to undertake such risks and who, from exhaustive actuarial investigation, have ascertained the degree of risk attaching to this work, assure himself of at any rate reasonable compensation for the value of the stuff he has produced. The Government have considered it wise to bring m legislation of a very drastic nature for the protection of workmen under the Employers' Liability Act and kindred measures, and self protection of employers has been so simplified, and m the case of farmers made so cheap, that every prudent man covers himself with some accredited company, against any claim arising for accident or misadventure to his emyloyees. We venture the assertion that the result of the decision by the S.M. m the case now under review will be, that, if an increase m the rates for threshiug and chaff-cutting commensurate with

the risk which apparently attaches to the contractor is to be avoided, some protection similar to that enjoyed by the holder of an Accident Insurance Policy against the risks applicable to the Employers' Liability Act will be insisted upon by the owners of mills who will, and with good reason, demand production of a policy covering the stacks and indemnifying him against Similar claims to that arising m the case just decided. This would not of course absolve the contractor from exercising every care devolving upon himjin the conduct of his business, but it would lift from the shoulders of an individual farmer, the risk of losing his entire harvest with the attendant, harassment and . inconvenience following such a disaster, which m some instances might possibly mean entire ruin, and would place upon an institution specially equipped for conducting such business the onus of obtaining a judicial decision as to the responsibility of the delinquent m the event of a .fire occurring during the time that work was proceeding.

The report of the Southland Education Board for the year ceding 81st December, 1904, is noW to hand and contains a very full and extensive detailed schedule of the various schools thrt ughout Southland, and the -i.nature and quality of the work carried out. From it we are glad to note the wonderfully high position held by the Otautau school, which is m the very front rank ""in all subjects. 1 1 additional subjects, Otautau is one of four schools throughout the whole of Southland classed " very good." We sincerely congratulate Mr Rowe and his staff on this excellent result.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/OSWCC19050510.2.3

Bibliographic details

Otautau Standard and Wallace County Chronicle, Volume 1, Issue II, 10 May 1905, Page 2

Word Count
825

The Otautau standard AND WALLACE COUNTY CHRONICLE. Wednesday, May 10th, 1905. FARMERS AND THRESHING CONTRACTORS. Otautau Standard and Wallace County Chronicle, Volume 1, Issue II, 10 May 1905, Page 2

The Otautau standard AND WALLACE COUNTY CHRONICLE. Wednesday, May 10th, 1905. FARMERS AND THRESHING CONTRACTORS. Otautau Standard and Wallace County Chronicle, Volume 1, Issue II, 10 May 1905, Page 2