COMPENSATION CLAIM.

Evening Post, Volume LXXXIII, Issue 87, 12 April 1912, Page 3

COMPENSATION CLAIM.

IMPORTANT NAPIER CASE.. £500 AWARDED. A compensation claim of some importance, heard by tho Arbitration Court at Napier on 27th March, hus been decided, and the finding lodged with the Clerk of Awards. Tho parties were Grace Holland and Richardson and Co., Ltd. At the hearing Mr. H. B. Lusk appeared for the plaintiff ami Mr. J. R. Reed, of Auckland, for tho defendant. company. Plaintiff is tho widow of Sioverl Holland, who was accidentally drowned at Port Ahutiri on the morning of 27th July, 1911. Deceased was master of tho lighter Moa, which belonged to tho company. On the night of 26th July tho lighter was lying beside the wharf in the Iron Pol at tho Port. It was one of tho duties of deceased to visit tho wharf every night to inspect the lighter and Bee that it wa3 properly moored— a duty that he usually performed shortly before going to bed. Plaintiff alleged that tho deceased mot his death whilo performing this duty, and that hie death waa caused therefore by an accident arising out of and in tho course of his employment. About 11 o'clock on the night of 26th July deceased loft his home awl went on, board the steamer Ruru, which was lying betide the same wharf as the Moa, at a t>pot distant about 140 yards from the place where the lighter was lying. Between midnight and 1 o'clock ho left the Ruru, saying he was going home. He wtus seen walking along the wharf in the direction of the Moa, but nothing more is known of his movements, as he was not again seen alive. On 31st July deceased's body was found in tho Iron Pot, within a few yards of where tho Moa was lying on 26th July. On these facts the court was invited to conclude that the deceased • had gone to pay his usual visit of inspection to the lighter, and that while there he must hays accidentally fallen into the water. The question to bo determined was whether tha facts justified the court in drawing these inferences. In giving judgment, Mr. Justice Sim said: "It is admitted that the drowning must have been accidental, and, if the facts justify such an inference, the court is entitled to conclude that tho accident arobe out of and in tho course of decoased's employment, although no human being was present who can give direct ovidence how and when the accident happened. It seemed highly probable that when, deceased loft the Ruru and went in the direction of the Moa he intended to visit the . lighter. The night was etormy, ami naturally the deceased would desire to bee that tho lighter was properly secured. If_ he had intended to go homo without visiting the lighter, he would not Have taken, we think, the road he did take." The Court concluded that tho deceased did intend to visit the lighter on the way home. Was there any ovidonce, then, from which it might bo inferred that ho reached the lighter ? In view of tho testimony of two witnesses, tho Court inferred that deceased reached the boouo j of his duty, and fell into the wator whilo going to UlO odgo of tho wharf to inspect tho lighter, or to make some adjustment in the moorings, or to board the lighter, or whilo doing something 011 tho hghtor in connection with the moorings. It was not necessary to come to uny dolinito conclusion as to tho exact manner in which tho deceasod met his death. It wai sufficient if tho proved faots made it probable that tho deceased mot his death in one of the ways indicated. In arriving at a conclusion the Court was not entitled to resort to inqr© surmise or conjecture, but might weigh probabilities, if tho proved facts furnished material sufficient lor th»t purpose. Tho Court hold that in the present case there were such materials, and that tho plaintiff was entitled to recover compensation. Judgment was accordingly ontercd for £500 (as the average weekly earnings of deceased wore £3 17s), with costs £12 12s and disbursements and witnesses.' expenses. Of this £500, the sum of £100 is to bo paid to the plaintiff for her own use and benefit, and tho balanco is to bo paid into tho Court to übido tho further order of the Court.