"INDUSTRIAL DISEASES."

Dominion, Volume 4, Issue 939, 5 October 1910, Page 11

"INDUSTRIAL DISEASES."

CASE AT WANGANUI. FIRST ONE UNDER THE ACT. ' Au interesting case, said to bo "the first of its kind, was dealt with at a sitting of the Arbitration Court in Wanganui. on Monday last, when Edward Read claimed from George Morris £195 and £20 for funeral and medical espouses. The claim was made.under. Section 10 of this Workers' Compensation Act of 1908 for the death of an employee, alleged to have been due to anthrax, one of tho diseases to which that section'applies. •', Mr. Collins, of Marton, appeared for the. claimants, and Mr. Mentcath,' of for the defendants. Mr. Collins said'that the deceased was a son of the claimant and his wife. Evidence called was to tho effect that deceased was employed (not as a slaughterman) in the butcher's shop of Geo. Morris,'■at Marton, and that he de r voloped a disease' of which ho died in three_ days from the first symptoms. He died at the Wanganui Hospital, and two of the doctors connected with that institution gave evidence that in their opinions death was due to anthrax. On the other hand, Dr. Makgill, ■ of the Government Health Department, waß called by tho defendant, and gave evidence, to the effect v.that he had been supplied by : the me\jical staff, of tho. Wanganui Hospital with a slide smeared with serum taken from the body of the deceased, that he had submitted the same' to the usual- tests used for the discovery of bacilli,/and that the result did not justify the supposition that an r thrax had-been the cause,of death, so far as the tests 'Used by' Dr.' Makgill went.. . At the close of/the plaintiff's case, Mr. Justice Sim asked whether counsel proposed to call any evidence to show how the deceased had contracted anthrax in the course of his employment' by the defendant,, as in the course of the evidence given by Dr! Makgill ho - had stated that' anthrax had'-'not appeared' among animals in the North'lsland for. some years. ; Mr.. Collins said that this must bo a matter for assumption, and contended that under Section 10 of the Act of 1908 anthrax if developed could be'presumed to result from the nature of the employment' of deceased. If such presumption was not made the section of the Act would be of no assistance to the worker. Counsel quoted several. English cases founded on;, provisions of the English Act with respect to industrial diseases. : - '■!' His Honour said that the Court was of opinion that plaintiff had failed to prove that deceased was suffering from anthrax at tho time\of his. death, as Dr. Makgill's evidence conflicted materially with the evidence of the two medical men called for the plaintiff. ; As far as the other point was. concerned the plaintiff had failed to prove that anthrax had ,been contracted during ceased's employment ' or. that such disease'was .a probable result of his em-' ploymciit. ■ The Court, however, in giving its-decision was guided by the ftnv mer point as to the presence of'anthrax. Judgment was given for 'the defendant with £7 7s. costs,.;the disbursements and witnesses' expenses to;be fixed by the Clerk'of.tlie Awards; •;'"-'::'■' ''' : : :' ;