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Judgment has como to hand to-day in an interesting claim for compensation heard before the Arbitration Court at Onmaru recently. Plaintiff (Alex. .Smith) war; a. painter and paperhangcr engaged in February last, in work (for defendant (Oeo. Frith) at a, country .residence situate at A edge wan, about three wiles from the post office in Onmaru. Dv (ho terms of the award, plaintiff’s employment began when he reached a point miles distant from tito place at which the work was to bo performed, and ended when he readied the same point. On February 9, while plaintiff was returning from work, and bfcoro he reached the point at which his employment ended, a bag in which he was carrying his luncheon got between his knee and the handle bar of his cycle, causing him to fall and (sustain a bad fracture of bis left arm. The defence denied liability. <n\ the ground that the accident did not arise “out of the employment." I hi this point tho judgment of the Court is interesting •. —“ ]f the case had been asimple ones of a worker while returning trom his work sustaining a lad from bis bicycle, the cases arts dear that such an accident would not have been deemed to hn Vt' in'itft'U ‘out of tho OU] plovJUOlH * ;i£ iL fall is out* of those ordinary, average accidents to which all of the mi morons riders of bicycles arts tyuaHy liahlo. The, how i’ViT. 'in coiU|)Hca U'd liv f<irf th;ifc fhu uvjs <vnrviu£ a bug. tho presence. of which on the. bicycle was the veal cause ot the accident. It was admitted tlini the plaintiff was obliged to carry Jiis luncheon to the. place where he was work in

niii’ it- was. in <mr oj-inuni, i(uito ivn-f-onal'li' that ho should earn’ it iu a .-nml!

bag -'lieh as ]m nseil for the purpose. The quo*tii.ii therefore is whether the exigencies o! tlm employment having rondo it m'Kvsary for plaint iff fo earn' his luncheon hag nil his bicyclo (the. use of tin' In: yi in for going to and returning from his wm k being known to, am! indeed sag .geste.i by. defendant), there was not thereby created an addition;!.! risk, to which riders of bicycles were not ordinarily exposed. The case is on the border line, but \rc think the question should he answered in the affirmative. It follows, therefore, that the accident arose ‘out of the employment,’ and that- plaintiff is entitled to judgment."

fho t.'ourr held further, however, that plaintiff had been able to do light work for some time past. and they awarded him half wages from the date of the accident to October 12. and 10s a week tr ran I )c----toher 12 L> December 15. a total >.f £57. .'nr which judgment was entered, with costs :£7 7s). expenses and disbursements to be fixed by the Clerk of Awards. Defendant eras also declared liable to nav 10s c. week from December 15 until such payments. were ended, suspended, diminished, or increased, in accordance with the provisions of the Act.

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Bibliographic details

BICYCLE AND LUNCH BAG, Issue 15699, 13 January 1915

Word Count

BICYCLE AND LUNCH BAG Issue 15699, 13 January 1915

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