LOSS OF FINGER

Dominion, Volume 31, Issue 142, 12 March 1938, Page 7

LOSS OF FINGER

* ■ — Compensation Claim Fails A nonsuit motion was upheld by the Arbitration Court yesterday in the case in which Albert Edward Davis, Wellington, meter repairer, claimed £ll5/12/4 for the" loss of the middle finger of his right hand and for 14 weeks 4 days’ temporary total incapacity from' the Wellington Gas Company, Ltd., by whom he was employed. Plaintiff claimed that while he was working as a meter repairer in November, 1935, he was taking the back bearing'■out of a gas meter and gashed the middle finger of his right hand. As a result the finger was amputated in May, 1937. The defence was a general denial. Delivering the decision of the court after a short retirement at the conclusion of plaintiff’s case Mr. Justice O'Regan said the onus was always on the plaintiff to prove his case, but the circumstances of this case made the onus particularly heavy. The court held that the accident’s occurrence had not been proved,’ but even if it had been proved, the connection between it and the condition which necessitated the amputation of the finger had not been, established.

Mr. R. Hardie Boys appeared for plaintiff and Mr. W. P. Shorland for defendant.