DEATH AFTER STUMBLE.

New Zealand Herald, Volume LXI, Issue 18896, 19 December 1924, Page 13

DEATH AFTER STUMBLE.

EFFECT OF HtART STRAIN.

WIDOW'S CLAIM SUCCEEDS.

Judgment has been delivered by the Arbitration Court in the claim for compensation brought by Ethel Bcriff (Mr. H. G. R. Mason) widow of Herbert John Beriff, against Amburys, Ltd. (Mr. Richmond). Plaintiff's husband was a milk roundsman employed by defendants. It was alleged that on September 1, 1923, while delivering milk he stumbled and strained his heart, and that death resulted from the strain.

Mr. Justico Frazer said that deceased had suffered from heart trouble for somo years and had been advised to take up lighter work. The medical evidence was conflicting, and it appeared that tho only medical witness whoso evidence was of any real value was Dr. Parkes, who examined deceased 011 the evening after he stumbled. It was common ground that unless an examination was made shortly after a strain it was difficult, if not impossible. to distinguish between the effects of a failure of compensation duo to strain and a failure of compensation due to natural causes. Tho Court felt bound to accept Dr. Parkes' statement that deceased's symptoms 011 September 1 were more consistent with a strain caused by a stumble, than with a gradual failure of compensation. It was remarkable that deceased did not at any timo refer to the matter when talking to any of the company's officials, but it might lie that he relied upon Dr. Parkes reporting it. The facts were sufficient to establish a claim, and judgment would be for plaintiff for £608 3s compensation, with £21 15s medical expenses, and £20 5s 6d funeral expenses. Plaintiff was allowed £15 15s costs.