PRIMUS LAMP EXPLODES

Dominion, Volume 18, Issue 59, 4 December 1923, Page 7

PRIMUS LAMP EXPLODES

WORKMAN’S COMPENSATION

CLAIM FAILS.

The Court of Arbitration (His Honour Mr. Justice Frazer, Mr. W. Scott, and Mr. H. Hunter), gave judgment for defendant yesterday in a claim under the Workers’ Compensation Act, by Thomas Edward Smith, labourer (represented by Mr. P. J. O’Regan) against Richard Tuckwell and Frank Tuckwell, plumbers (for whom Mr. P. S K. Macassey appeared), and Mary Ann Traynor (represented by Mr. W. Perry). Plaintiff’s claim was for £1 13s. per week as compensation for injuries received by him whilst working for the Tuckwell brothers in executing a job for the other defendant in March last. It was stated that the accident was caused by the explosion of a primus stove, brought about, plaintiff alleged, by one of the defendants striking it with a soldering iron in a fit of rage because it would not work.. Tho defendants, Tuckwell, maintained that it was plaintiff who had struck the lamp, and that the mcident was directly attributable to, plaintiff’s own misconduct. The circumstances of his employment were that he had accosted the Tuckwells saying that he was “down and out and only wanted to pay his board and buy cigarettes. It was agreed that he should receive a third share. Tlie defence of Mrs. . Traynor was that plaintiff was not in her emP After hearing considerable evidence, tho Court decided that under the circumstances related by witnesses, plaint’ff was “confused” as to who handled the primus lamp.. Judgment would be for defendants with costs.