CURIOUS LEGAL POSITION.

Evening Post, Volume LXXX, Issue 38, 13 August 1910, Page 9

CURIOUS LEGAL POSITION.

A MATTER OF LIABILITY. [BY TELEGBAPH— SPECIAL TO THE POST.] DUNEDIN, This Day. A curious legal position in respect 'of the Workers' Compensation for Acci- : dents Act was disclosed in the Arbitra- . tion Court yesterday, when one Robert \ Wright claimed from Collett and Son, of Makarewa, threshing-mill owners, certain sums of money as compensation for injury to his foot. Wright was in- . jured whilst the mill was travelling between one farm and another in South land. It was contended on his behalf that he was an employee of the millowners, having been employed by Collett's son. He was paid, however, \ out of monejß collected from the farmers 1 whose crops the mill threshed. That is ] the Southland practice. His Honour I (Mr. Justice Sim) held that the case ■ was indistinguishable from the case of j Attwood v. Smith, m which the judg- ] ment laid it down that the plaintiff in f that case was not employed by the de- < fendant, but wa3 a mere volunteer in what he did. His Honour said that in tha case before the court plaintiff was not in the employ of the mill-owner, but was in the employ of the farmer when he waa employed at all. He was not employed by anybody between farm and J farm. The Judge agreed with plaintiff's 1 counsel (Mr. Downie Stewart) that the ' position was a very curious and very £ unsatisfactory one, but it was the legal s position. Judgment was given for defendants, with costs.