JOCKEY'S COMPENSATION.

Auckland Star, Volume LX, Issue 255, 28 October 1929, Page 3

JOCKEY'S COMPENSATION.

AMOUNT HELD IN TRUST

MAGISTRATE'S ORDER UPHELD,

(By Telegraph.—Own Correspondent.)

NEAV PLYMOUTH, Saturday,

The Chief Justice, the Hon. M. Myers, has refused to set aside an order made by Mr. J. S. Barton, S.M., at Hawera, that the amount of compensation paid to a jockev named Dombroski be held by the Public Trustee until Dombroski is 21.

The application was made by Joseph Anton Dombroski, apprentice jockey, ajid defendants were the trustees of the New Zealand Racing Conference. Dombroski was employed as an apprentice jockey in the training stables of C. Jackson, of Hawera. While riding the horse Mountain Ore, owned by Robert Fairweather, at the Egmont meeting on February 3, 1920, he met with an accident. On March 8, 1927, he agreed to accept the offer of the Racing Conference trustees to pay him a sum of £151 13/0 "in full settlement of all claims which I may have arising out of the accident." An agreement was prepared, expressed to be made between Dombroski, Jackson and Fairweather, and the trustees of the Racing Conference's accident fund. By that agreement it was witnessed that the trustees, while not acknowledging any legal liability in the matter, and as an act of grace, agreed to the payment, and Dombroski released all other parties to the agreement from any claims. The magistrate made a minute approving of the agreement, but he ordered the money to be held by the Public Trustee. His Honor said that while it was true that, so far as the Racing Conference was concerned the payment was an ex gratia one, he could see no difference in principle, so far as a worker is concerned, between a payment of this kind and a payment to a worker, not by an employer, but by an insurance company which had indemnified an employer. The motion was therefore dismissed, with £7 7/ costs.