COMPENSATION CASE

Dominion, Volume 34, Issue 263, 2 August 1941, Page 5

COMPENSATION CASE

Railway Worker’s Claim

Decision was reserved by Mr. Justice O'Regan in a case henru in the Compensation Court in Wellington yesterdayin which the point at issue was whether a man having been injured while travelling from work on a "velocipede,” the Crown was liable for compensation. The suppliant was Aidan Columba Boyack, railway servant, Wanganui, fur whom Mr. IL F. O'Leary, K.C., appeared. Mr. J. Prendeville appeared for the Crown.

Boyack was one of four men returning from Opuiiake to Wauganui on a velocipede on November 1, 1910, and the machine collided with a motor-car al a le\el crossing. Her claimed that he suffered a scalp wound uud spinal contraction which affected the uervet, and caused the temporary loss of the uex: of both arms. He was totally incapacitated for working, would remain so for a further period, and might be permanently partially incapacitated. He sought compensation from November 1 to tne present time; and a lump sum for further disablement be would suffer. It was contended for the suppliant that the men were travelling in the course of their employment, and that it was obligatory on them to use that means of conveyance. Mr. I’reudcville argued that there were alternative menus of conveyance for the men. the velocipede being provided merely for the men’s convenience and not because of any duty on the part of the Crown.