LINESMAN'S DEATH

Press, Volume LXV, Issue 19786, 26 November 1929, Page 5

LINESMAN'S DEATH

♦ i PARENTS COMPENSATED. : i CASE IN ARBITRATION COl KT. <)r. N •\-a.h;T :_-_'ihl. iu*i v..ar. s<_vt.ii j I'.ibUf V.urL Department lines"'.*." j u.r.- trav-.-Iliiii; in a niot'-r-lorry along j <..i'j.i'= f-aJ. Wo'lstoii. whtii the lorry «.:s str.ck f.y a trail:. One i>t' the !!.•:■., Samuel Thorn, mi. aged year--. wu. (-f) badlv injured that he dn-d a iuik> lar.r. *His parents, who t.-side in Scotland, had been receiving V .. n.-ntli irom him in remittance:-. ;.i.i ait*-- his d"ath there wrt s m> ~'J-ntit.i-trator r, r executor of his estate. At y.--'.--i-d.iv Mi.>niin(_'< .sitting '• ' t!i.- Arhitrr.iion Court Gilbert Thoni-t-i'it. lather <>t the deceased, claimed f «•!!: [K-n>ation amointing to £'3**b -'I" 0 fni.-ral r.t th'- arri ,n. Mr P. .). OKecan nct- : ing for the suppliant, and Mr A. " • ' Urtuvn apocarini: for the Crown. The Mipplinnr and his wife. Acnes P. G. G. Thomson, stated the petition, wn p.irtirdlv dependent on Thomson s earnings. While the liability to pay was admitted, the suppliant desired to have the amount as&csj>fd bv ilie Court. Thorn-"on had been in New Zealand two year* before lie met with the _accident. said James Shankland. a City Council employee. and deceased's uncle. Thomson was very dutiful '" sending money to his parents, and when his work took him <mt of Cliristchnrch be arranged with witness to forward the remittances to Scotland. There was nothing to bhow that he contemplated marriapw. In tact, it s. emed highly probable that lie intended to return to Scotland and to brintc his parents out to New Zealand. Mr Urown submitted that the Crown had no desire to evade its responsibilities, but the rate of wages must be taken into consideration in assessing compensation. The deceased had been earning £3 17s a week, up to the time of his death, but a second claim stated that, he sent £7 home every mm:tli. If this was *■>, however, he would be hard put to it financially as only the small sum of £1 Is would remain for his personal expenses. His Honour Mr Justice Frazor remarked that the ease contained one very unusual feature. It was the first occasion in the experience of the Court when the records of payments made by a person since dead were found to be so complete. Thus the Court was enabled to make a very accurate assessment in spite of the fact that the records were not absolutely complete. Judgment was given for the suppliant for £203 on the basis of four I years' contributions at the rate of £1 ;, week, funeral expenses, and costs of proceedings. Associated with his Honour were Messrs L. J. Schmitt (employers' assessor) and A. L. Montcith (employees' assessor).