THE COURTS.

Dunstan Times, Issue 2461, 21 December 1908, Page 5

THE COURTS.

MAGISTRATE'S COURT, OPHIR. Before Mr McEnnis, S.M. Two Ida Valley residents were charged on the information of the Police with creating a breach of the peace by lighting in the streets of Ophir on December 2nd. Being first offenders, both were let oil with a conviction and payment of costs 7s in each instance. ' Eobt.Martin (Mr Davey) v. Sirs Stafford (Mr Bartholomew), claim £B, balance of wages due. Plaintiff claimed to have worked 16 weeks at 25s per week, and for the ”defencce if was contended that the rate of wages was £1 per week, and that only 12 weeks had been worked. Alter hearing evidence the case was dismissed with cost £1 19s. COMPENSATION CASE. Prescott and Mervyn v. John Wilson, farmer, Lauder, claim for compensation for accident by frostbite. Prescott s claim was for £3 11s, and Mervyn’s for £2OO. Mr Macassey appeared for respondent in both cises, and Mr Bartholomew for Mervyn and Prescott/ It* was decided to bear both cases together. Mr Bartholomew stated the facts, which were that both claimants had been engaged snowraking for sheep on Mr Wilson’s property, amt both had been eflected by the severe cold. Mervyn’s feet had been very badly frostbitten, and it would still be months before be would be able to do even light work, and probably he would never fully recover. Prescott’s was a similar case only not of so serious a nature. John Henry Mervyn, packer, bad been employed for Mr John Wilson from November till 11th July, when be went snowraking for him. Was engaged at first packing out material for fencing the new run at 2.3s per week and board, for three months. The rest of the time was getting £1 per week helping the masons at the new wool shed. On morning of July loth saw Mr Wilson in his office and asked for his cheque. Mr Wilson asked him to go snowraking and arranged to pay him 10s per day for same. Started the following morning in a party of six. Worked up the range through the snow getting the sheep out. The snow was from 4 to 3 feet deep. At about 3 o’clock told Wilson his feet were “ goosed,” as they felt dead. Mr Wilson said “ Now boys home for the camp.” They got back to the camp about 6.30. His legs were like props with the cold. Got Sweeney, the cook, to take off his boots, while two of the men held him up anil afterwards assisted him to bed. Dir Wilson came and asked to see his feet, but could do nothing for him. He lay there till the 16th July, before they could get horses tip to take him down to Ophir for medical treatment. Mr Wilson saw him every day in the hut and attended to him as well as he was able. Dr Niebolls attended him at Ophir. He bad suffered severe pain for months, and did not think be would ever be right. He saw Mr Wilson on July 26th, while his feet were being dressed, but was in such pain that lie was not able to have any conversation with him. On the I6th August Mr Wilson told him that he had notified the Insurance Company in town. Nothing further was said till witness sent in his claim on 17th September. He sent another statement on October Stb, and on the 18th went out to the farm ami saw Mr Wilson Mr Wilson then said he would have to take the ease to Court. Till then did not know his claim would be disputed. (To 'Mr Macassey) : Was in bed seven weeks before be got out at all. Colnd not say whether the amount claimed from Mr Wilson was included in the £2OO. Did not know how the amount was arrived at. J. R. Prescott, laborer, gave similar 1 evidence in respect to the snow-raking operations. Got bis feet slightly floated the first day, and was out subsequently five days on I lie bill. The Saturday following Mr Wilson got him driven into Ophir, where he was treated six or seven times hy Dr Nieholls. Was off work a little over four weeks. (Mr Bartholomew asked leave to amend the claim from 22 days for £3 lls to 28 days for £4 10s— Agreed to by the Bench.) Witness wrote to" Mr Wilson claiming 10s per day and doctor's expenses and board for the same time. On 10th October gave Mr Wilson notice that if the amount was not paid before the 16th be would take legal proceedings for the recovery. His earnings lust year would come to about £IOO and his board. Arthur George Nieholls, M.D., residing at Ophir, bad attended both claimants. Mervyn was suffering from frostbite of the C ect. Ho was very bad, bis toes and ankles being black and swollen, and he was suffering severe pain. He bad to gdve him very close attention—four or five times daily. Mervyn was improving slowly, but it would be a long time before he would be right. The ankles were emaciated through the sloughing process which had exposed the membranes round the bone. He was unable to work at the present time. Did not believe he would ever regain his full strength, and would be unfit for heavy manual labour. It would be six months before bo woubl be able to do light work. He had also attended. Prescott on seven occasions for a similar trouble. (To Mr Macassey) ; Mervyn was detained in bed till September 12th. Saw his feet last yesterday. Thought Mervyn was moving about rathei too much. Thought it would be advisable for Mervyn to go to the Clyde Hospital for treatment. Had suggested that to Mervyn. Mr Macassey did not address the Court at this stage, but called Win. Todd, M.D, locum tenens at Dnnstan Hospital. Witness had seen Mervyn’s feet that day. The left was practically well. On the ankle of the right was an old ulcer not quite recovered. The instep was slightly swollen. The leg and toes appeared quite healthy. The foot required absolute rest aiid cleanness. With this it would improve. The foot waseovered by a filthy bandage. Did not think the foot would ever bo whaf it had been, but just now could not form a definite idea of what the damage would be. It would never get better if he went on as he was now. It had been a bad frostbite but unfortunately had been neglected at the first. He should have gone to the hospital where he could have got it nursed. Had he done so it would have been much better than it was to-day The first few days in the hut was the main Cause of the trouble. (To Mr Bartholomew) : The case had been a severe one. The foot required cleaning with antiseptics. The dressing on it to-day was enough to poison any foot. There was no antiseptic on it. Dr Nieholls. or any other doctor, would not allow it to remain in that condition for 10 minutes if they saw it. It required a trained nurse to look after it properly. Knew the foot was being neglected now became it wai» dirty,

Mervyn was quite satisfied to have it neglected. John Wilson, fanner, Lauder, respondent in the case, gave evidence as to engaging Mervyn at £1 per week for ordinary farm work, with a bonus while he was packing Mervyn had got money on several occasions but could not say how I they stood at present. Got Mervyn’s i letter on September 17th, but nothing else ; till he got the summons for the £'2oo. Got ono letter from Prescott. (To Mr Bartholomew) : Only remembered getting one letter from each claimant. Told Mervyn he was making a claim on the Insurance Company. Also afterwards that the company disblaimed any liability. : Wrote to town the week it happened. Mr Macassey said that there were three 1 contentions before the Court. Frostbite was not an accident F; no "claim had been made within 3 months or in accordance with the Act ; also that claimant was not entitled under the circumstances of the case to a lump sum. Under the provisions ef the Act Mervyn was only entitled to £1 per week for the time he was incapacitated from work. The matter of fixing a lump sum could not be ascertained till it was known to what extent claimant’s earning powers had diminished, and in support of his argument he cited the case of Studholm v. Marks before Mr ' McCarthy, S.M. The evidence showed that the employer had not been prejudiced, and that no actual written notice was necessary. The letter written on September 17th by Mervyn to Wilson was not a claim within the meaning of the Act- (His Worship did not agree with this). Mr Macassey said he would not press the point. The point he relied on was that frostbite was not an accident within the meaning of the Act. The cases referred to by Counsel were all eases where personal injury was produced by over exertion. In the case of Fenton v. Thorbe the definition of an accident was given as , an unlooked for and untoward event not j expected or desired. He contended that a , man who went out snowraking knew the risk he ran of frostbite. He quoted an j authority to show a case in England where a man contracted antirrhitis while working in a sewer. The Court, and also ; the Court of Appeal, held that that was not an accident and dismissed the case. The case of frostbite was a similar one and it could not be held to be an accident within the meaning of the Act. [ Mr Bartholomew contended that the notice was in order and that the defence hau Lo..n in no way prejudiced. (His War- j ship made the order of one month s , extension of time for same as provided by section C of the Act). In regard to the awarding of a lump sum Mr Bartholomew j held that the Court had the right to award j a lump sum if it thought fit. The law . made provision for a lump sum being granted, and under the circumstances he hoped His Worship would take full advan- 1 tage of it. He claimed that frostbite was purely an accident and quoted authorities in support of his reasoning. j The Magistrate held that frostbite was J an accident. As regards the facts of the j case he would like to know how the claim j of £2OO was arrived at. (Mr Bartholomew 1 stated that claimant was entitled to £1 per . week until he had properly recovered, but J applied for a lumpsum in lieu thereof.) The Magistrate intimated that he was prepared to make an allowance for a lump sum, and awarded £l5O to Mervyn and Court costs £2 3s, Solicitor’s fee £7 7s. 1 Prescott was awarded £1 10s, with Court costs £1 2s, Solicitor’s fee £1 Is. \ To Mr Macassey—The Magistrate said that in fixing ahe amount awarded to Mervyn he had not followed any scale. WARDEN’S COURT, OPHIR. Thursday, December 17th. j (Before Mr Warden McEnnis.) I Louisa Gordon Glassford, special allu- 1 vial claim St acres, Shepherd’s Gully and Spur, Dry bread. (Mr McKean for appli- i cant). —Granted. [ James A. Yule, ordinary prospecting ■ license over 100 acres, Ida \ alley. (Mr J McKean for applicant).—Granted, I