CLAIM ON CITY CORPORATION

Press, Volume LXXXIII, Issue 25306, 4 October 1947, Page 2

CLAIM ON CITY CORPORATION

DELAY IN INSTITUTING PROCEEDINGS The only question plaintiff had -to answer was whether the delay In instituting proceedings had been reasonable, said Judge Ongley, when he had heard evidence presented in a claim against the ?$? y - o K and inhabitants of Christchurch in the Compensation Court yesterday. This is a genuine claim by a decent man " said hu» Honour. "I shall find for him if I cun. _A claim for such a sum as the Court nfight deem suitable was brought by David Kilgour Ellis (Mr B. A. Barrer), a labourer, against the Christchurch City Corporation (Mr W. R. Lascelles). In his statement of claim Ellis alleged that on or about October 18, 1945, while employed by the defendant corporation as a labourer, he suffered an accident when, pushing tanks of blood on the abattoir Erf m l£ es Z ne sli PPed and suffered a'hernia, that as a result of incorrect medical ° ia Bn° s »s he continued work until Octo* ™ A 1945,I 945, , w 21 e ?. he was admitted to the Christchurch Public Hospital; that he had been incapacitated as a result of the acf? de i n Qd7 fr ?^°^ tober A 19461 to January 13, 1947, that his condition was not coragnoBed until August 12, 1946; and ffiat his wages were £6 4s 10d a Week The defence claimed that if any accident mnrJ n K lnjUr < y had occ urred it took place m an * si l c months before the comnt w I th ® P resent proceedings. I; w - Helr nore, called“as a witness on he , had se en Ellis and art th ? alle «ed accident, Aulu h st d i? i «? n^ ed muscle. On 12 the following year he had h he plaint J ff ' and diagnosed nernia. I have no doubt, in view nf my subsequent findings, that hernia in Way occurred when ne received A„S j n ry ' .. sald Dr ' Helmore recelvea eu?tv ln b av * dence as to the diffitrom a < uishln , g . a strained muscle by Dr’ L. 0 a‘Blnnen'. 81 ” C ” SeS "' as glven reJies? 0 /} adjourned the case, at the coutS » Barrar ' in order t° allow 6n the oniS* t 0 . p . r ; p,re le «al argument 1946 the delay since August, instituting proceedings.