ARBITRATION COURT.

Dominion, Volume 2, Issue 328, 15 October 1908, Page 4

ARBITRATION COURT.

CLAIM FOR COMPENSATION. DISMISSED. Judgment with respect to tlio compensation suit, Johanna Cameron (claimant) v. Oliver Austin, flaxmiller, Foxtail (respondent), was filed by the Court of Arbitration yesterday. Tho facts in this easo were that claimant is tho widow of Wm. Henry Camoron, who died on April 20, 190 S. Cameron was employed in the work of carting llax to respondent's flaxmill near Foxton. About half-past ten o'clock on tho morning in question he was standing on a dray, and a worker named Savillo was handing up to him bundles of flax weighing SOlb. each. When close on a scoro of bundles had been handed up Canioron, without warning, collapsed, expiring shortly afterwards. A post-mortem examination made by Dr. Mandl, of Foxton, revealed the fact that deceased's heart was dilated and hypertrophied, and that all tho valves wero more or less incompetent. This heart trouble had been of long standing, and deceased should not, in Dr. Mandl's opinion, havo done any hard work. Tho Court hold that tho evidenco of Dr. Mandl—which was tho only evidenco on tho subject—did not justify the contention that tho immediate causo of death was the strain of tho work in which deceased was engaged immediately before his death. All that tho doctar snid was that if deceased had not been a workingman ho would probably have lived longer. In his opinion, death was due _to natural causes. Deceased's heart had simply flagged, and tho flagging 'might have commenced the night before, and havo got gradually worse. Tho causo was distinguishable from those on which claimant relied, because in each of those cases there was evidence establishing that the injury giving rise to a claim had been produced by the strain of the work in which the' worker was ongaged at the tfme. In a case recently decided by the House of Lords it was clear that a heat stroke, which resulted in tho death of claimant's husband, was caused by tho intense heat near which ho was working in tho stokehold of respondent's steamer. The fact that Cameron, whoso heart was in a very_ bad condition, died during tho course of his work was not enough to establish a case of injury by accidont within tho meaning of the Act. To establish such a case thero must bo evidenco of some physiological injury produced by. the, work in which tho worker was engaged. Tho claimant had failed to produco any such evidenco. It was unnecessary, therefore, to consider tho other question raised, as to whether Camoron was a worker within the meaning of tho Act, or an, independent contractor. Tho application jvould therefore bo dismissed; ten guineas costs, together with expenses, to bo paid by claimant. Mr. P. J. O'U.egan apneared on behalf of tho claimant, and Mr. E. C. Brown for respondent.