AN UNFORTUNATE AUSTRIAN.

Auckland Star, Volume XLIV, Issue 89, 15 April 1913, Page 7

AN UNFORTUNATE AUSTRIAN.

LOSES BOTH HANDS IN AN EXPLOSION. COMPENSATION SOUGHT. A young Austrian named Mata V isalike, who recently lost both hands m a gelignite explosion, sought compensation; amounting to £490 10/ at the Arbitration Court to-day from B. Teasdale, of Te Awamutu, for whom he was doing work at drain-dig-ging at the time of the accident. His Honor Sir. Justice Sim presided. Mr. R. Singer appeared for plaintiff, and Mr! J. R. Reed, K.C., and with him Mr. Black, represented defendant. Mr. Singer applied for the services of an interpreter. Mr. Reed objected on the ground that Vrsaljke had transacted business with tradesmen without employing an interpreter. An interpreter, lie said, would complicate the cross-examination of wit- < n esses. His Honor asked how long plaintiff had been in New Zealand, and plaintiff replied " Nine years." His Honor: That is prima facie evidence that he can understand English. Air. Singer, in opening, said that on November 15, while plaintiff -was blasting with gelignite in a. drain on defendant's property, his foot caught on a root. The gelignite exploded, and plaintiffs both hands wore blown off. His eyesight was also affected, and he wis permanently incapacitated from working. The question to be decided was whether plaintiff was a contractor or a Avorker. He (Mr. Singer) understood that the defence would be that plaintiffwas a contractor, and' the other men engaged in the work were employed by Mm. His evidence, he hoped, would show that this was not the case. The money received for the work was equally divided, and plaintiff did not receive any more than the other men. Plaintiff, Mr. Singer contended, had been engaged in piecework, and consequently came within the meaning of the Workers' Compensation Act. The plaintiff, both of whose arms had been amputated above the wrist and who wore black glasses, was allowed to sit while giving his evidence, as he bad just come out of the hospital. His examination was a lengthy and rather tedious process, as he appeared to fail to grasp some of the questions put to him by counsel. He stated that four months before the accident Mr Hay, living next to Mr Teasdale. had spoken to him about cutting drains on his (Air. Hay's) and Mr Teasdale's property. Mr Kay offered him 10/-' a day. Witness did iiot take that job, but later accepted drain digging work at 35/- a chain, "Mr Teasdale to find the gelignite. Afterwards witness agreed to make another drain at 30/- a chain, as there was not so much timbering to do. His two cousins and his brother "Tony" assisted him. After forty chains had been done Teasdale stopped" the work and placed them on another job. Mr Kay paid his half share of the job, £36, and witness banked the money and afterwards paid equal shares to the other men. Witness also gave lengthy evidence as to carrying out other drain-digging and cleaning work, with a view to showing that he was engaged on piecework. Tlie money he banked, lie said, he divided equa'.'y with his mates. Dealing with the accident that gave rise to the present action, witness stated that on November 15, last year, he was cleaning a drain at 12/- a chain. Employed in the work were his brother Tony, two cousins, and two oihoiC men. Witness put in some gelignite and applied the fuse, and just afterwards his foot caught in some roots. He caught the gelignite up in his arms to throw it away to save himself, and it exploded, blowing off both his hands. His eyes, he said, had been affected, and he had been rendered a little deaf. Mr Reed cross-examined witness with a view to showing that he had insured tlie men who were working with him, and that he was therefore doing contract work. He asked witness if the insurance I agent had not asked him (witness) j whether he wanted to be insured himself or whether he wanted only his men insured. Witness: I don't know what you mean. Later witness admitted that the insurance agent had asked him the question. Mr Reed 7 Did you not tender for the laying of 'a Government cable?— Yes. Mr. Reed: While you were at work on these drains?—(Hesitatingly) Yes. Replying to a further question by Mr Reed, witness said he had never told Mr Teasdale he was paying as high as 11/ a day to some of his men. Witness admitted that he got a bill from the storekeeper for tlie pickaxes and shovels used in the Avork, and paid for them with his own cheque. The case is proceeding.