ACTION FAILS

Dominion, Volume 29, Issue 221, 15 June 1936, Page 6

ACTION FAILS

Damages Suit Follows

Son’s Death

FINDING FOR DEFENDANT

. Reserved judgment: in the Arbitration Court ease in which Charles Sims, ironmonger, sued H. Moult, Limited, for damages following the death of his son in defendant’s employ, was given for defendant by Mr. Justice Page.

On July 13. 1935, Gordon Sims, apprentice in the employ of the defendant. was severely injured in the course of his employment and died. His father brought the action, claiming that lie was partially dependent on the earnings and assistance of his sou, and seeking compensation. Defendant denied that plaintiff was a partial dependant, and this question of dependency was the issue before the court. “The evidence shows that plaintiff is the manager of the hardware business of Sims. Ltd.” stated the judgment.

“Plaintiff’s household consisted of himself, his wife, a daughter, and three sons. Plaintiff states that he himself drew from the business and paid to the household account “an average of £2/10/- per week,” that the daughter earned £1 a week, which she paid to the household account, that one son earned £l/2/6 a week, of which he paid an average of about 10/- a week to the household account, and that the son Gordon was at the time of his death earning 15/- a week and paying it to the household account. The third son was still at school. The income brought into the household appears to have been insufficient to meet the outgoings, and recourse was from time to time had to borrowing. “The son Gordon hud been in the defendant’s employ for only three weeks when the accident occurred. Prior to that period of service he bad been at school.

“We have given careful consideration to the evidence that has been called, and we have come to the conclusion that it falls short of establishing that at the date of the death plaintiff was a partial dependant of his son. Judgment must therefore in our opinion go for defendant, with costs to bo fixed on application.”