ACCIDENT AT CAMP.

Auckland Star, Volume XLVIII, Issue 136, 8 June 1917, Page 6

ACCIDENT AT CAMP.

CT-ATM FOR COSEPENSATION. a DECISION RESERVED. A case presenting unusual features was heard at the Arbitration Court yesterday afternoon, when Thomas William, of MorrinavSle (Mr Ziman), claimed from Alexander Thompson and Thomas GwiUinx, of Morrinsville (Mr H. P. Richmond), the sum of £ 15, -half wages, and £9 5/ hospital expenses, in respect of an injury alleged to have been received ■while visiting a Territorial camp at Tahuroa, near Morrinffvme. A statement of fact was agreed upon by counsel. Thae statement set out that the plaintiff was employed by Alexander Thompson and Thomas Gwillizn as a coach-driver. On April 23 he drove a coach for his employers to the Territorial camp at Taihuroa. Under instructions from his employers he went to the camp to interview the Quartermaster-Sergeant with regard to a contract for carting. When returning to his horses he was shot in the lege owing to tbe unintentional discharge of a machine-gun. Smith have returned to his team iby other .xpn_ly short routes without passing the gap, but desired to sec it, and accordingly chose a route which, while leading as directly to his team as any other route, at the same time brought him into close proximity to the gun. It was a visitors' day. and a large number of the public were present looking at the camp and the guns. The question in dispute was whether the accident arose out of his employment. Mr Ziman submitted that, in view of the fact that Smith was acting under instructions from his employers, it could reasonably be held that the accident arose out of his employment. It was true that Smith had selected that particular route because he wanted to see the gun, but thp route was one that he might have chosen in any ease. Mr Richmond submitted that the inJury was not peculiarly incidental to the employment, and that the plaintiff took en added risk by visiting the gun. If it were true that the machine-gun at the camp was dangerous, then it must be assumed that Smith took an added risk ln going to see the gun. The Court reservea its decision.