ARBITRATION COURT

Dominion, Volume 7, Issue 2220, 5 August 1914, Page 4

ARBITRATION COURT

THE ALPINE TRAGEDY ( COMPENSATION FOR LIVES OF THE VICTIMS. The Court of Arbitration opened its session in Wellington yesterday. Mr. Justice Stringer presided, and Messrs. W. Scott (employers' representative) and J. A. M'Cullough (employees' representatiye) sat as assessors. The Alpine tragedy of February last was revived by two claims for compensation made by the Public- Trusten against the Crown respecting Guide* David Thomson and John Richmond, who lost their lives in the Mount Cook disaster. Respecting Thomson's death, tho claim was on behalf of his mother, who lives at Ross, and is said to hav» been almost' totally dependent on the deceased. Respecting Richmond's death, compensation was claimed for bis father, who is seventy years of age, and resides at Burke's Pass. . Mr. 3. W. Macdonald represented the Public Trustee, and Mr. H. H. Ostler appeared for the Crown. It was stated- that the Publio Trustee was willing to ■ accept £400 in the Thomson oase, and £125 in the Richmond case; and it was reported that the Crown had offered £160 and £100 in the respective actions. The Court awarded £200 for Mra. Thomson, and £130 for Mr. Richmond. Costa £'5 55., plus disbursements, wero allowed in each case. The money awarded is to be handled by the Public Trustee, and tiot paid over in a lump sum. ■ CUT DOWN BY A TRAIN. ' An application for compensation was heard in respect of the death of Edwin Egbert White, late of Otaki, clerk in the Public Works Department. Deceased was killed on April 22, 1914, while riding a jigger, which was cut down by a train. Tho Public Triistoe, as administrator of deceased's estato, proceeded against the Crown for compensation on behalf of deceased's infant children.

judgment was entered for £447, an amount agreed on by the parlies. Mr. J. W. Macdouald appeared for tho Public Trustee, and Mr. H...H. Ostler for the Crown.

PARENTS PROVIDED FOR. Tho Public Trustee sued the Domin- ■ ion Consolidated Developing Co., Ltd., for compensation in respect of tho death of Patrick M'Mannom, late of Golden Bay; Marlborough, labourer. Deceased was accidentally killed on January 2, 1913, in the course of hie employment, and the Public Trustee (as administrator of his estate) claimed compensation on behalf of deceased's parents, Owen M'Mannom and Ellen M'Mannom, who reside in County Mayo. Ireland. It appeared that-, deceased contributed a small weekly sum to their support. Mr. J. W. Macdbnald appeared for the Public Trustee, and Mr. A. A. S. Mentcath for tho defendant. Judgment was given for £80. compensation, to be yaid to the parents, and £7 7s. counsel's" fees. -,- . ; SPECIAL ORDER REQUESTED. In tho compensation case Agnes Ellis v. A. L. Young, it was stated that £31 7s had been paid into Court, and Mr. U. Kennedy asked for judgment for that amount, and for a special order that tho sum should be paid to the claimant, who is nineteen years of age, and, therefore, an infant. Judgmont was-reserved. Mr.'A. A. S. Monteath appeared for the defendant. , HEARING OF DISPUTES. Labour disputes, in which settlement Jim practically, been completed, will be

called at 9.30 a.m. to-day, in .the; cases of the Theatrical, Pullers, Farriers, and Brewers' Onions. At 10 o'clock this morning the Wellington Merchant Service Guild *Dis ; ■pute, re officers and masters, will bo opened. The Federated Cooks' and Stewards' Dispute is to be mentioned immediately after tho Merchant Service Guild Dispute. The Wellington Shipwrights' Dispute as to wages, overtime, and suburban work will be taken on Monday next, and .will bo followed by the bricklayers' dispute. . : The Wellington Building Trades' Labourers' Dispute is adjourned till next session. ■ v ■ _ The hotel workers' dispute, and the stonemasons' dispute are to be mentioned on Monday. The date of tho tally clerks' dispute is to be fixed;on the same day. All the cases for adding parties are to be mentioned on Monday.

COURT OF APPEAL

RESERVED JUDGMENTS '•" LEVEL CROSSING FATALITIES. Several reserved judgments were delivered by the Court, of Appeal (second division) yesterday morning, when the Bench was occupied by the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, land Mr. Justice Stringer. Particulars of the cases were published in The Dominion when the cases wero heard at the' recent sittings. KILLED AT THE CROSSING. WIDOW'S CLAIM FOR COMPENSATION. In the case of I Frances Elizabeth Banks v. H.M. the King, in which the plaintiff (a widow) claimed £2000 damages for the death of her husband, who was killed in a level crossing accident at Rangiora in April, 1913, the Court ordered a now trial. The -action had been heard before Mr. Justice Denniston, at Christehurch, and the jury had returned, a unanimous verdict for the plaintiff for £1500. A motion by the Crown for a new trial, or for a nonsuit, or for judgment, for the defendant, was removed into the Court of Appeal for Argument. The Chief Justice, Mr. Justice -Denniston,"Mr. , Justice Edwards, and Mr. Justice Cooper were all of opinion that there should be a new ;trial as the jury's finding on the issue ; bf negligence was ambiguous. The question of costs was reserved. MARTON VERDICT TO STAND. By a majority judgment the; Court ' decided that it could not disturb the verdict of the 12 jurors, who in December last, unanimously awarded. £2000 damages to Catherine . Lena , Broad, widow of the , late- Edward 'William Broad,, of Marten.. Tho latter, while leaving Marten en a motor-cycle on April 16, 1913, collided with a train at a level crossing on.Wellington Road and was' killed. The jury, as above stated, awarded £2000 damages against the Railway Department, and by the Crown for judgment for the fendant, or for a non-suit, or for a new trial was removed into the Court of Appeal for argument. Yesterday Mr. Justice Edwards'read ai judgment in which he, the Chief Justice, Mr. Justice Cooper, and Mr. Justice Stringer expressed,the .opinion that the verdict of tho jury was justified by the evidence and should not be disturbed. The suppliant was granted costs "n. the Court below according to scale, and costs in -"ho Court ot Appeal; ; bn the highest scale. Mr. Justice Deriniston dissented, .considering that the verdict was against the weight-of Evidence, and that judgment should have been/entered for the defendant. _The SolicitorGeneral' applied'for and was granted leave to appeal to the Privy-Council. WAIRAU RIVER CROYNES. In a judgment of the Court read by Mr. Justice Edwards, the appeal of the defendants was. allowed in the case of the Spring Creek River Board (plaintiffs) v. the Lower Wairau River Board (defendants), in which His Honour the Chief Justice (Sir Robert Stout) had ordered the -removal of portion of a groyne in the bed. of the v Wairau River. As the appeal was allowed, on evidence which had not. been adduced in the Court below, the Court of Appeal directed that, each party ehould ..pay its own. costs. The Court expressed the opinion (previously expressed :by • the Chief Justice) that there was need of one competent authority to control both rivers. ' ■ EXCHANGE OF LAND. On June 29 the Court of Appeal 6V livered judgment in the case>of Huston v. Lovelock, an'action claimingYepecifio performance in connection with an exchange of land. The case had been, removed from the Supreme Court for argument and the Court in its decision ordered specifio performance. Yesterday the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, v and Mr. Justice Stringer. heard a motion by defendant to set the judgment aside on the ground that there was no jurisdiction to remove the case. Defendant'sought a new trial or in the alternative asked for leave to appeal to the Privy Council. The motion was opposed. . ' .. _h - Mr. C. P. Skerrett, K.C;, with Mr. G- H. Fell, appeared in support of the motion, while Mr. M. Myers, with Mr. C. L. Macdiarmid, of Hamilton, appeared for the plaintiff (Huston); Decision was reserved.

SUPREME COURT

-RIGHTS OF ILLEGITIMATES. His Honour the Chief Justice (Sir Robert Stout) yesterday decided an important point of law in a. reserved judgi ment _in an originating summons for direction as to the distribution ■ of trust funds. The question for the Court to consider was whether .the words in a will, "the issue of any who may then be dead," should extend to tho illegitimate infant of a, deceased daughter of the testator, so as to give the infant a third share of £3550, or whether the amount named should be • divided into two parts only, excluding tho infant from any share. His Honour's decision was that the illegitimate infant was not entitled to succeed. "'' ' "