A KNOTTY POINT

Evening Star, Issue 17928, 25 March 1922, Page 8

A KNOTTY POINT

FOR THE ARBITRATION COURT.

(Paa United Peess Association.]

. WELLINGTON, March 25. In driving a motor car* at excessive speed whilst in pursuance of his employer's business, does a man, in the eyes of the law, commit a breach of the regulations which places him outside the sphere of his employment? This is a question which the Arbitration Court has to decide in connection with a compensation claim for £750 heard yesterday. The action was brought by the Public Trustee in the estate of Herbert Markham Wright _ (deceased) against t>j Colonial Mutual Life Assurance Company. It is set forth in the statement of claim that Wright died about October 4, 1921, as the result of an accident at the Hutt whilst in the employment of the defendant company. The deceased left a widow and two children. His average weekly earnings were £6 14s. The defence was that the accident occurred at a time when tho deceased was not in any way employed by the defendant company. It is further contended that the fatality, even if it occurred in the course of employment, was caused by tho fact that Wright was intoxicated at the time he was driving tho motor cycle at an excessive rate to that provided by the law of the local authority It is also maintained that at tho time of his death Wright’s earnings were at a rate exceeding £4OO per annum. After evidence had been heard the court reserved decision.