LOSS OF HUSBAND

Dominion, Volume 23, Issue 56, 29 November 1929, Page 13

LOSS OF HUSBAND

INSANITY FOLLOWS ACCIDENT WIDOW AWARDED DAMAGES Dominion Special Sfevtce. Christchurch, November 28. Tn the Arbitration Court to-day, Margaret Taylor, a widow, of Ashburton, claimed £750 from the Crown as compensation for the death of her husband, a railway employee, who was injured through being struck by a truck on February 11, 1926, and who committed suicide on May 2, 1927. The Court's decision rested on whether Taylor was insane at the time he took his own life, and if so was this insanity the result of his injuries. Statement of Claim. In her statement of claim plaintiff said that she and her four children, whose ages ranged from one to nine years, were total dependents of deceased. In the accident her husband had suffered a fracture of the lamina of the fifth lumber vertebrae with attendant shock, and was thereafter Incapacitated until his death. He was paid compensation under the Workers' Compensation Act at the rate of £9/8/a month up to the date of his death. Mr. H. F. O'Leary, of Wellington, and with him Mr. F. W. M. Cowlishaw, appeared for plaintiff, and Mr. A. W. Brown for the Crown.

His Honour Mr. Justice Frazer said there was no question about the accident happening, but the question was whether his suicide was connected with the accident or not.

Mr. O'Leary said that Taylor had been struck by a moving truck. He had been in hospital for a time, but when he was discharged he went back to his work. The question, was whether his death was due to the accident. It would be necessary to prove that death was due to insanity—that Taylor was insane at the time of the suicide, and that his insanity was due to th accident. According to the evidence given by plaintiff and two fel-low-employees of deceased, he Was a different class of man altogether after the accident. Medical Evidence. Dr. John Russell, Deputy-Director of Mental Hospitals, said that he had been assistant medical officer at Sunnyside during the period that Taylor was there. In witness’s opinion Taylor was insane at the time of his death, which was due, witness considered, to the accident, and was of that opinion when Taylor was admitted. He considered' that the brooding after the accident was a symptom of his insanity. Dr. T. W. J. Childs, superintendent of the Seacliff Mental Hospital, said that he had studied the circumstances of the ease, and considered that the accident was the main contributing cause to Taylor’s insanity. Mr. Brown, in addressing the Court, said khat the evidence went to show that there was no definite mental change in Taylor until some considerable time after the accident. The whole of the evidence showed that insanity was caused either by shock or through brooding over the accident. Dr. J. C. Pairiuan said he examined Taylor about six months after the accident. At that time he showed no symptoms of insanity. Dr. R. H. Baxter said that he considered that the ordinary person suffering such an injury would not necessarily become insane. Dr. A. C. McKillop, director of Sunnyside Mental Hospital, gave evidence of having examined Taylor in the hospital. In his opinion the insanity was the result of the accident. His Honour said that mental cases were somewhat rare, but the law was quite clear on the subject. There was some conflict in the medical evidence, but the Court was of the opinion that the man had received a severe physical and mental shock, and that the insanity which caused the suicide resulted directly from the shock, which had progressed in the usual way up to the time of his death. Plaintiff was entitled to compensation. It was left to the parties to fix the amount, wit]; leave to , refer the matter to he Court if necessary.