PENGUIN AND DUCO.

Dominion, Volume 3, Issue 766, 15 March 1910, Page 6

PENGUIN AND DUCO.

„ - , v .... ... 6-— : -• SERIES OF CASES. CLAIMS FOB COMPENSATION. Throe separate applications wore made to the Arbitration Court yesterday by the Public Trustee (represented by Mr. rreadwell) for apportionment of compensation. The cases were against the Union Steam Ship Company, and arose out of the wreck of the Penguin. In" the case jf .W. S. Rentoul, compensation to the jxtent of .£135 already granted was directed to bo applied by the' Public Trustee for the benefit of the mother, father, ind invalid son. In the case of A. G. Loosemo'ro,. it was directed that ,£IOO, out )f the <£500 granted, be paid to the mother for her own uso and benefit,. the Public. Trustee .to use.the remainder for the 'maintenance? of -tho -'mother:- and child, irhich was 'posth\lmous: ' In. "the case of P." J. Driscoll, the full compensation, .£207, vas directed to be paid over to the npthexy it being shown:'that there was 10-danger of.--the. fund being squandered ]y this course.'' In e;ich case costs, £3 35.,rrere ordered to be paid out of the vari-ous-funds.. ' ... In- the case' of' Henry Hayes v. Union Steam Ship Company, a case arising out if the wreck of the Penguin, the Court made an order . for the. payment into ."?ourt of ,£405, the company having admitted . liability, to pay such sum. _ Mr. P. J. O'Regan appeared for" the plaintiff, Mr. Levi for the. company, _ and Mr. D. M. Findlay as guardian ad litem to the plaintiff's two. children. . THE CAPTAIN OP THE DTJCO. Agnes Abram', executrix of the will of Tohn. Abram, master mariner, claimed From; the Harbour Ferries Company the sum of JESOO compensation, tor the death of -her husband, Captain -Vbram, who was in-command'of ■ the Duco ivhen ■ she ■ foundered' at • sea r on or about September 7 last. Mr. Gray appeared for 1 Vl.rs. Abram and .Mr. Samuel for the re:' sporident company. ;Mr. Gray said that the claim would » admitted in full, and Mr. Samuel con* lurred. Judgment,, therefore, was given :or the amount claimed, costs (<£s 55.) rith disbursements, being, allowed. As :he claim affected insurance business, his Jonour allowed one week for the money :o bo found.

ANOTHER DtCO CASK. The Public : Trustee (for, whom Mr. Treadwell ■ appeared), . claimed , compensation from' the .Wellington Harbour Ferries Company, Ltd.,- on behalf of Salvaiora Violet Cameron, as a total depend>nt of: the late Allan,Cameron, seaman on cho Duco, lost.. at. sea. ~ /.; .. Mr. Treadwell said''that the defence having made eertMn admissions .he had >nly, to prove that his client was the legal representative' of .the late Allan, Cameron and. was a total dependent, upon bim. Cameron .was married in March 1891 and the daughter, Violet; for whom compensation was now claimed, was born a The mother died at Brisbane, ind Violet was placed, with, an aunt,' an arrangement being ■ made under which j'ameron had paid, at the rate of 10s. a seek for her .support. She was delicate . md incapable of .'earning her own living/ Evidence was given by Mrs. IfKillop, >f Marton, maternal aunt of Salvadora fiolet Cameron. ■ Under cross-examination, the witness laid that the payments by Cameron fell nto arrears, and.- he, made' up■by paying rams of and ' He-paid at the rate of -..10s. a' week for 1 , the first 13 rears and'afterwards.'i3 a month: : , . Mr.' Skerrett: Is-it .'not a fact that you ookvthe. child- intending, to keep her, and: . because :of, her• mother's- relationship .to 'ouF-rrl. expected to bo i paid. ' You received this ,£i a month regularly ind '-yet lybu letter, to show?—t lidn'tthink it ■ ; And,'yijn • instituted, 1 these proceedings?! In.otMr' words,.-you .want- to get. the noney?—Yes.. . . . Salvadora ; Violet : Cameron ''gave evi- • lence,: and -medical - testimony: was ■ also [iven;" /. ■ „ Mr. Skerrett,, opening .for the defence, iubinitted that ..Violet. Cameron., „v?as a., partial .(not a ,£ot^),:dejpendent ; of-;the do-. / «ased, .and", wa^ : .theretore-entitled to ,a • lum. of three-'times.;the samount. received faring 'the last-year/from- the deceased, le further.;-submitted'that : 'the 1 only sum ■ » received- at :r any time: was the' amount if ■ .£IOO,■ and''; ;that,; .the;child , was really . tdopted-.bgr.aunt;/,,'He- would show; ;hat,. Cameron was/ always. in .difficulties,, ibout money. The girV assisted her aunt" . n the house, and would naturally be enitled. to. something, for that. The present ase/ was of importance from the fact ;hat there were other claimants against ;he, ,company under the; common law, as veil 1 as the .Workers' Compensation Act.' P. H. Zohrab, secretary of tho .Welline»n Harbour • Perries Company, Ltd., said Cameron was' in tile .employ; ,of the company'for. about a year 'prior; ..to' 1 joining ' ;he,Duco:.' During:that earned £111. On the Duco he would;' earn as a amnion seaman £7 per -month and his seep. He was generally short of money md frequently. ..got advances (.on 'his sallry, saying sometimes; as the treason that lie had ."a, bit! of blue paper." \ T0... Mr... Treadwell: Witnessiknew.ithat Cameron .possessed; SO acres of valuable .and at Muritai,'-a, twelfth share ill the 3ollan's Valley Ksiate,' and 'four cottages it Bona Bay. • < The. Court decided .that - total, depeniency had not , been proved. Where a shild was' Imng with , its . parents . very slight evidence would suffice to establish total - dependency, but wherei, as -in this :ase, tho child had lived- almost her whole life - away from her • parent, • .some clear md satisfactory evidence' was" required, ind this had not been given.- There was, However, partial;, dependency,, and this had been admitted. The Court estimated the sum .received'.from tho.. late Allan Cameron during the last year .as £20, and on'.this, basis,\which was,,a very liberal one, plaintiff'would:be awarded .£6O. compensation, with costs (7 guineas) and disbursements ' aiid witnesses" 'expenses'.' The Court adjourned-until 10.30 this morning. - ...'.