LOSS OF THE WARATAH.

Dominion, Volume 4, Issue 992, 6 December 1910, Page 5

LOSS OF THE WARATAH.

.PURSER'S EARNINGS DISPUTED. Br Teleirranh— Press Association—Copyrtarit. London, December 4. * The owners of the! steamer. Waratah, which was lost off the African coast in July last year, have appealed against the decision t>f the Court awarding .£3OO damages to tho widow of the purser of the vessel." , • ' . The Appeal Court has directed the case to be reheard. : .

' Counsel for the plaintiff in. .this case In July, stated that it was argued, that Skailes earned more than J;250 a year, and that, consequently Mrs. Skailes had no claim under the . Workmen's Compensation Act; The plaintiff's view was .: that her husband earned less than .£250 * year. A great distinction should bo drawn between-'"earnings" and "remuneration." "Remuneration" was used in Section 13 of tho Act; but in ascertaining amounts the word-was "earnings." Skailes had ,£8 per month while on board. He also had 5 per cent, commission on sales ab the bar, which brought him in .£7O a year. Then the defendants said . his board was worth 3s. Gd; a day, be-, ■ cause he had his meals sometimes with the passengers;. the' plaintiff estimated it at 2s?a day. Ho had a bonus of J62 per month when the defendants were.pleased with-him; but that .was no part of his hiring. ( Bottles of whisky, were supplied '-.to him by- the owners at 4s'. each, and 'he sold the-whisky ; at Gd. per glass, making 15 glasses from each' bottle, thus making a profit of 3s. Gd. on each bottle that ho sold. The. defendants could not legally, take advantage- of that arrangement, nor; of -the fact that Skailes was :J allowed to keep a shop in the ship. ~ ' Judge Rentoul held" that tho man's . .income was in all .£232 a year. There-:.-.(fore:the case came within the Act, and me awarded the widow and children J!300 ■'■f»hd;jcosts.,-----r ■■. . . , .