ARBITRATION COURT.

Marlborough Express, Volume XLIX, Issue 11, 14 January 1915, Page 7

ARBITRATION COURT.

INTERESTING COMPENSATION

CASE

[Press Association.}

DUNEDIN, Jan. 13 Jtidgment .was given by the Arbitration Court in. an interesting compensation claim heard at Oamaru recently

The plaintiff Smith, a painter and paperhanger, engaged to work for €he defendant Frith at a place three miles from the Oamaru Post Office. By the terms--of the award the plainiaff's omployment began, when he reached a point qi mile and a-half from his work, .and ended when he reached the same place coming home. "While the plaintiff was returning irom work and .before reaching the at which his employment ended, the bag in which he was carrying Ms lunch got between his knee and the liandlecars of the cycle, causing him 4o iSall and fracture his arm.

The defence denied liability on the ground that • the' accident did not arise "out of employment." The Court, in its judgment, said that the case was complicated by the fact that the plaintiff was carrying a bag on his bicycle, which was the cause of the accident, but it was reasonable that he should carry his lunch in such a bag. The case was on the lordei line, but the Court "t<s

■of opinion that the accident arose "out of employment," and the plaintiff was entitled to judgment.

The plaintiff, who has been able to <lo light work for some time past, was awarded half wages from the date of •the accident to October 12th, and -ten' shillings weekly from 'October 12th ■to December 15th. The defendant' was also declared liable for the payment of ten shillings weekly from that date, accprding to the provisions of the Act. .