Compensation Court Sequence Of Deaths Argued In Claim

Press, Volume CII, Issue 30179, 10 July 1963, Page 11

Compensation Court Sequence Of Deaths Argued In Claim

Medical evidence on th< sequence of the dearths of z father and son who were killed by an electric shock in May, 1961. was heard it the Compensation Court yesterday. Viola Athena Ward, t widow, of Christchurch, u claiming compensation under the Workers’ Com.pemsart.ior Act from the estate of hei late husband. William Ward sen., in respect of the death of her son. William Ward jun. The husband and sor were both killed whale erecting power poles at Islington on May. 2, 1961. As trustee of her husband’s estate, she appears also as defendant. Judge Dalglish was on the bench. Mr A. D. Holland appeared for the plaintiff, and Mr R P. Thompson for the defendant Mrs Ward claims a 1 umt sum by way of compensation her son’s funeral expenses and such further compensation as the Court may think proper. The action hinges on Mr« Ward’s allegation that hei husband died before her son and that she was therefore a widow and dependent on her son art the time of his dearth A linesman employed om the Islington job. Allan Cresswell McCall, said that while he was working with the fathei and son on May 2. 1961, the truck which he was driving touched an 11.000-volt wire Ward, sen., apparently walked over to the truck and touched it. He fell to the ground. His son rushed over to the farther, telling McCall tc jump clear of the truck while he applied resuscitation. The father suddenly jerked knocking the son against the truck, and the son feU back upon his father, the witness said. Cross-examined by Mi Thompson, the witness agreed that in a statement to the police he said that Ward sen., was killed by the electric shock when his son fell back on him.

Dr. P. A. Smith, a pathologist, sadd he thought that Ward, sen,, died first. A convulsive movemerit was not sufficient to show that the farther had survived a shock, and such movements were common in this type of sudden death, even though the action of the heart might have already ceased. Cross-examined, the witness said he would be unable to state definitely that Ward, sen., was dead when he made the convulsive movement. In evidence, Mrs Ward said that her son had contributed substantially to the household since he had begun working for his farther about three years and a half before his death. The hearing will continue tomorrow.