THE KAIMATA TRAGEDY

New Zealand Herald, Volume LI, Issue 15645, 26 June 1914, Page 8

THE KAIMATA TRAGEDY

MURDER OF A CARTER.

CLAIM FOR COMPENSATION.

INTERESTING LEGAL CONTENTIONS

[nr TELEGRAPH.—PHESS ASSOCIATION".]

New pLTMOfrn, Thursday. As interesting point in connection with the Workers' Compensation Act was raised in the Arbitration Court today when Ellen Smith sued the New Zealand | Express Company for £390 compensation | in connection with the death ci her hns-, band while in the employ of the company j as a carter.

The case recallou the Kaimata tragedy, which occurrce' in August last. Smith was sent by the company to remove furniture from the house of a man named Julian. He slept th«) night there, and was murdered by a man named Virgin.

His widow claimed compensation on the grounds that the death arose through a cause incidental to hjs employment, and the case turned op this point. I The counsel for the plaintiff argued on these lines, basing Ills contention mainly on a broad interpretation of the words " arising out of," and on the fact that if Smith had not been working for the company he would not have slept in the house that night. He pointed out that in a strange house a man could not take the precautions which he" could take in his home. He further contended that the place in question was seven miles from a fire station or police station, and he submitted that these circumstances constituted a risk arising oat of Smith's employment. Counsel for the defence argued that no risk of deafli from murder attached to the vocation of a carter. The risk run bv Smith was not greater than that to which tho whole of humanity was exposed. If his work had entailed the safe conduct of gold and jewellery and he had been tilled while defending that property from robbery that would have been a risk incidental to his particular vocation; but risk of murder by a homicidal maniac had r.o more to do with his business than if hi had been a doctor, messenger boy, or anyone else who had happened to be at the -farm. Decision was reserved.