COMPENSATION CASE

Ashburton Guardian, Volume 50, Issue 263, 20 August 1930, Page 8

COMPENSATION CASE

WIDOW'S CLAIM UNSUCCESSFUL. (Per Press Association.) PALMERSTON N., August 19. In the Arbitration Court, Emily Catherine Braggins, a widow, of Marton, proceeded against the Railway Department, seeking £IOOO compensation and £36 13s medical and funeral expenses owing to the death, of her husband, George Leonard Braggins, latterly of Marton, a baker, who was formerly employed by the Department. It is alleged that deceased was injured by an accident while employed by the Department and in consequence of the injuries died. The defence denied that the death of Braggins was caused by an accident arising out of his employment. His Honor said the Court was prepared to admit the fall as the result of natural causes; there was nothing to show.that deceased slipped. Deceased had been suffering from a serious trouble which would have proved fatal. He was seized with an illness and did little-work after 9 a.m. being relieved from his work by the manager. Under the circumstances it could not be said that the accident occurred in the course of deceased's duties. The verdict on this account would be for respondent. As for the legal aspect, the question of whether the concrete floor could have caused a locality risk, his Honor said no definite decision; would be given in the hope that the English Court of Appeal 'would decide such a matter before the next case arose.