COMPENISATION CLAIM

Evening Star, Issue 18640, 22 May 1924, Page 9

COMPENISATION CLAIM

FATAL FALL OVER BANK. FULL AMOUNT ALLOWED. The Arbitration Court—His Honor Mr Justice Frazer (president), Messrs W. Scott and Hiram Hunter (assessors) —sat this morning to hear a claim for compensation by Euphemia Lees in respect to the death of her husband, who died of injuries received through falling over a bank in November of. last year while working for George Woods, Green Island.

Plaintiff claimed £750 as compensation, £24 16s funeral expenses, £5 medical expenses, and the costs of the action. [ Mr J. B. Callan appeared for the plaintiff and Mr A. C. Stephens appeared for the defendant. Mr Callan said it would be shown that the defendant was a sanitary contractor for the Green Island Borough Council. He usually did the work with Charles Lees, a brother of the deceased, Alexander Lees. In November last Woods desired to have a holiday and he went with Charles Lees to the home of Alexander | Lees, whom ho appointed to assist in the work for the duration of his holiday. The two brothers took a taxi to Green Island to do the work on the evening of November 13. They went out to get the horses in. There was a steep bunk in the paddock, and it was dark. The brothers separated, Charles eventually finding the horses. It did not occur to Charles to tell Alexander about the bank. Deceased stumbled over the bank and broke his thigh on some hard, stony ground. A passing motorist rang up for the ambulance and deceased was taken to the Dunedin Hospital. At first he seemed to do well, but after a week he died. There were six children _ in the family, the eldest being under eighteen and the youngest over sevjn. The remuneration which Woods had agreed to pay deceased '' was £5 per week. Evidence in support of the claim was given by Dr Marion Taylor, the plaini tiff, Charles Lees, William Black (ambulance driver), and Anthony Dowling (law clerk). Mr Stephens said tho defence was that the- accident did not arise in tihe course of his employment, and that the widow and children' were net totally dependent upon 'the deceased at the time of tihe accident. The question was whether deceased did what ho was employed to do. _ Tho evidence of defendant would be practically tho same as Mat for the plaiintiff, but in regard to bringing in the horses defendant would say that tho practice was for only cine man'to get them. Very often no one had 'to go out for till em, as the stable, with feed inside, was left open, and the horses usuallv came i,n. The onus of nronf was on the pteitiff. There was no difficulty in regard to the mode of the accident, but tho plaintiff mn?lt also prove that 'there was a contract under which deceased had to get in 'the horses. In regard to the matter of whether bringing m the 'horses was incidental to tho work, learned counsel said ho would argue the law on, tho matter after calling evidence. Mr Stephens called the defendant to give evidence. Counsel then addressed the court on the lowal astieot of the case. 'Hi-? Honor said it was altogether a, on est ion of fact, and if ten minutes were allowed, tho court would arrive flit a conelusion. , Upon rdtan His Honor said the court had considered tho evidence and the iba points involved. It was admitted that there wore discrepancies in the evidence of the three witnesses with rcgaird to the account of the interview with the deceased a,t his house by defendant, but flume discrepancies did' not necessarily carry the implication that any of the three witnesses was willfully misleading the court. It was probable that a good deal more wn-s said than was recounted by either dr.fpndfl.nlt or Charles Lees. No dnuihl there was a, general discussion. The statement of defendant that deceased was engaged to assist with the waggon at night would lead one to imatrine that it covered several incidentals, including the getting of the horses. Hi;' Honor also stn)ted%li<i.t it was found that plaintiff was dependent upon deceased. Judgment was given for the full amount (£7501; funeral expenses, £24 6s; hospital and medicail expenses. £4 17s; counsel's fee. £l2 12s; witnesses' expenses to be fixed.