DOMESTIC SERVANT'S SUIT

New Zealand Herald, Volume LI, Issue 15729, 2 October 1914, Page 3

DOMESTIC SERVANT'S SUIT

■ « ••• INJURY TO THE KNEE. OLADI AN AFTERTHOUGHT. Ik the Arbitration Court yesterday, Rose Ann' Whittaker, describing herself as a cook and general servant, claimed £10 compensation from her late employer, Dr. G. Marchesini, in respect of injuries sustained to her knee whilst in his employ. His Honor, Mr. Justice Stringer, presided over the Court, and with him were associated Mr. W. Scott, employers' representative,' and Mr. J. A. McCullough, workers' representative. Mr. J. G. Haddow appeared for the claimant, and Mr. A. Hall Skelton for the defendant.

Claimant called witnesses to show that on or about April 8 she was required to assist a nurse at Dr. Marchesini's to put a motor-car into the garage. In walking towards the car she slipped into a concrete sink and injured her knee. For several weeks afterwards she suffered much pain, and had to obtain medical attention. Ultimately she lost her employment, and had to go to the public hospital for treatment. There it was discovered that a small bone had been broken. After being discharged, she approached Dr. Marchesini with the necessary insurance papers, but he refused to endorse them. Consequently she instituted proceedings. For the defence it was alleged that the; "sink accident" was a fabrication, in- 1 vented after plaintiff had been dismissed by Mrs. Marchesini.. It was denied that a'nurse ever put the car in the garage, or that the plaintiff ever- assisted her with the car. At no time while she was in defendant's employ could plaintiff give a satisfactory explanation of how she hurt her knee. •' "• ■

In dismissing the case, His-Honor said that plaintiff had entirely' failed to establish her claim. The Court was quite satisfied that the "sink accident" was an afterthought put forward by plaintiff upon, receiving notice of dismissal. The attitude of Dr. Marchesini. "a disinterested party," in refusing to sign the ■ insurance papers was praised, and judgment was entered -for the defendant. Costs were not applied ior.