COMPENSATION CLAIMS.

New Zealand Herald, Volume LVIII, Issue 17780, 13 May 1921, Page 7

COMPENSATION CLAIMS.

INJURY TO A WORKER. TROTTING PARK ACCIDENT. VERDICT FOR PLAINTIFF. A verdict fur the plaintiff for £1691 damaii'fs was returned in the Supreme Court yesterday by the jury whidi heard the claim of Peter Brady, carpenter (Mr. A. H. Johnstone), against certain members of the Auckland Trotting Club (Mr. Prendergast). This was a claim for £1723 10s, in compensation for the loss of an arm and other injuries received through being caught in the cog-wheels oi a concrete mixer at Alexandra Park, Epsom. The decision of the jury, which was axrived at on a three-fourths majority, was accepted by counsel without waiting the proscribed time. Judgment was reserved until today. DEATH OP A YOUNG LAD. ACTION AGAINST EMPLOYERS. Damages amounting to £1539, in compensation for the death of a boy 14 years of age, were claimed in the Supreme Court yesterday by th e boy's parents, Stephen Henry and Mary Elizabeth Weaver (Mr. H." Skelton, instructed by Mj Matthews), lrom tne <ieceasea s employ ds, £. McKeown and Sons, Ltd. (Messrs. Richmond and Hogben), bakers, of Auckland. As an alternative to the law action, plaintiffs claimed £539 compensation under the provisions of the Workers' Compensation Act. Mr. Justice Stringer presided. Ihe boy, Bertram Weaver, died in the Auckland Hospital on February 9. Two months previously, while he was assisting in loading a baker's cart in a shed on defendants' premises in Symonds Street, the cart tipped up, and he was propelled by the shafts to the roof, which ho struck. Evidence was given by Mrs. Weaver and others to the effect that on the day of the accident the lad complained of a headache, and on many subsequent days made similar complaints. Five weeks after the accident ho had to leave his employment through illness, and about three weeks later died of cerebrum meningitis following on osteomyelitis. Counsel for plaintiffs contended that the injury to the head received through the accident was the cause of the disease de-

veloping, and that defendants were guilty ! of negligence iu permitting the cart to j be loaded without taking precaution to , prevent the capsizing, either by having a ! horse in the shafts or by other means. I There were no witnesses of the accident, I but according to the boy's story be was : sitting on the shafts when the cart tipped up. For the defence, it was contended that there was no relationship between the accident and the cause of death. Medical evidence was called suggesting that the disease might have developed from a blow on the head, but the probability was nrt so certain because of the lengthy period which elapsed before the disease became j acute. ' William Cuthbert Hollingshead, motor driver, employed by defendants, said it would not. be practicable to have a horso in the shafts while loading was done, as it would mean the horse waiting sometimes a.i lone as two hours. The loading was done in such a way that the balance would be forward, and the tendency would be to tip the back of the cart up and to keep the shafts on the ground. The Judge dismissed the action under the common law, on the ground that fhtre was no proof of negligence on the nart of defendants, no person having been present at the time of the accident to witness the circumstances. PlaintJTs then resorted to Ohe £539 claim under the Workers' Compensation Act, and after medical evidence had been heard the casa was adjourned until this morning.