CLAIM FOR COMPENSATION.

Hawera Star, Volume XLVII, 30 September 1927, Page 4

CLAIM FOR COMPENSATION.

an ACCIDENT ON THE ROAD JUDGMENT FOR DEFENDANT In the Court of Arbitration at New Plymouth yesterday an action was hoard in which Clifford George Walkoi, of Hawera, claimed from Erie Butterfield Robertson, farmer, Tahora, compensation for injuries received while engaged as a shearer. Mr. 11.I 1 . O’Dea appeared for the plaintiff, and Mr. J. L. Weir (Eltham) for the defendant. Addressing the court, Mr O’Dea said that Walker, who had previously been working for Robertson on fencing work, had been asked by Robertson to assist him with the shearing last season. Robertson’s farm was at Tahora and he did not have accommodation for Walker so it was agreed that Walker should stay at an accommodation hoirt’e a mile or so from the shearing shed. In order to go backwards and forwards Walker had used a horse, which Robertson had given him. While riding to work early one morning in November last, plaintiff was thrown from this horse, receiving as a result severe injuries to both legs, in consequence of which he had to be taken to the hospital, and he was at present an inmate of the Hawera Public. Hospital. Counsel said the question at, issue was whether the accident had arisen out of and in the course of plaintiff’s employment in terms of the Workers’ -Compensation Act. Walker’s evidence would be that he was told bv Robertson to use the horse. Walker regarded this as a command to use the horse. Mr. O’Dea then dealt with various legal decisions laving down the law on th e point. The evidence of the plaintiff, which had been taken on commission at the Hawera Hospital, detailed the arrangements madd between him. and the defendant. He had been told by Robertson to ride the horse, and he took this as a command. He detailed the daily routine of the work at the shearingshed, and described how he had been thrown from the horse and the nature of the injuries lie had received. Medigal evidence, also taken at Hawera on commission, by Dr. John Cairncy, medical superintendent of the Hawera Public Hospital, and Dr. John MeGhie, Hawera, was put in. This evidence described to nature and extent of the plaintiff’s injuries. . For the defence, Mr. Weir said that the evidence would be a denial that Walker jiad been commanded by Robertson to use the horse,, and that he had done so merely to suit his own convenience and not from any obligation t . his employer. He submitted that since the accident occurred -on a public read, the defendant was not liable unless it could be shown that plaintiff had come within certain of the ex-cep tir.r.s recognised by the law. in order to do this it would have to be estab"ishod that plaintiff had been commanded by defendant to ride to and from th-’ accommodation house.

The defendant, in his evidence, stated that Walker had been fencing for him. He had approached Walker to assist him with the shearing. When he was fencing witness had.given him a horse to carry his supplies from Tahora. This horse plaintiff had brought with him to the farm where the shearing was being done. Walker had used this horse to ride to and from the boarding house. Tie did this of his own accord. Witness denied that he had ever told nim to ride it. He paid Walker 32s fid per hundred sheep. This was the rate provided by the shearers’ award where the worker had to provide l:is own rations. In delivering the judgment of the court, His Honour Mr. Justice Frazer si t. led that, the onus of proving the defendant’s liability rested upon the plaintiff. There was a conflict of evidence, and the court was not satisfied that the plaintiff had been companded to ride the horse. It appeared that the plaintiff met with the accident while travelling along a public road. It was the kind of accident that anyone making use of a road was- liable to meet, and the court was not satisfied that the contract of service imposed an obligation upon the plaintiff to ride the horse. Judgment would be for the defendant