SHEPHERD KILLED BY LIGHTNING

Press, Volume LXXXII, Issue 24983, 18 September 1946, Page 3

SHEPHERD KILLED BY LIGHTNING

WORKERS’ COMPENSATION CLAIMED CASE BEFORE COURT OF APPEAL (P.A.) WELLINGTON, September 17. The Court of Appeal to-day considered a case stated by the judge of the Compensation Court, arising from an action brought under the Workers’ Compensation Act, 1922, by Ann Roberts, of Heriot, Otago, widow, against John Tait Bowie, of Edievale, station-owner. The plaintiff is the widow of Alfred Roberts, who was killed by lightning in December, 1944, when mustering on the defendant’s station, where he was employed as a shepherd. On the evidence before him, the Compensation Court judge made the following findings:—(l) that the death of Roberts did not result from a locality risk; (2) that it was the result of a fortuitous circumstance that a cloud carrying lightning came within contact distance of Roberts without coming within contact distance of higher and more likely contact points in the immediate vicinity: (3) that Roberts was riding his horse at the time, and his head was about Bft to 10ft above the ground, and the fact that his head was about Bft to 10ft above the ground was a probable factor in causing his death by providing a striking point for the lightning; (4) that Roberts was. so riding his horse in the course of his employment.

The question for the Court’s opinion is: did Roberts die by an accident arising out of his employment within the meaning of the Workers’ Compensation Act, 1922? Decision was reserved.