COMPENSATION CASE.

Dominion, Volume 3, Issue 893, 12 August 1910, Page 5

COMPENSATION CASE.

LABOURER'S. FOOT CUT OFF. ' ,®y Telegraph.—PreßS Association.),. Dunedin, August 11. The Arbitration Court to-day dealt with the compensation case, of D. Clements, : labourer, Winton, v. J. A. Keith, mill-owner, and Alex.. Gerrard,. farmer, near'Winton. The statement of claim set out that claimant, while working on Keith'smill at Gerrard's farm, was caught in a drum, whioh cut off a foot. Keith owns the mill, Gerrard's crop was being threshed. On the mill was a self-feeder. Something went wrong ,with this, and claimant was failed on to cut the . bands. Ha helped to fix up the .tho engine started again. In returning to his work he got his .foot in the drum, , with the result described. The . question was, who was liable for compensation? His Honour held that the 'position was that claimant was in the employ of the farmer, and the fact that he was doing work which was out of the , usual work, did not make any difference. . It was . his duty as . Gerrard's servant to do any work he might reasonably be ordered to do. He was entitled to, compensation against Gerrard, and. not against Keith. Judgment would be given against Gerrard in claimant's favour for, if 229, with costs, and judgment for Keith 10 guineas, with costs, the amount to. be paid by plaintiff to defendant Keith to be added to bis costs against Gerrard.