FALL AFTER A FIGHT.

New Zealand Herald, Volume LXIII, Issue 19453, 8 October 1926, Page 14

FALL AFTER A FIGHT.

STEWARD'S LEG BROKEN. CLAIM FOR COMPENSATION. EMPLOYERS DENY LIABILITY. The case of a ship's steward who fell downstairs and broke his leg a few minutes after getting the worst of a fight was considered by tho Arbitration Court yesterday. The steward, Percy Clarence Earl, brought a claim under the Workers' Compensation Act, against the Northern Steamship Company, Ltd., alleging that | he had been totally incapacitated from following his occupation since tho accident. Mr. Justice Frazer presided, with Messrs. W. Scott and A. L. Monteith. Mr. T. N. Holmden appeared for the plaintiff, and Mr. V. R. Meredith for the defendant company. It was stated that the Court would not bo asked to assess compensation, but only to decide whether or not the company was liable. Mr. Holmden stated that, Earl, who was 38 years of age, had been employed on the Rarawa for two years prior to receiving the injury. When three years old he had been attacked by infantile paralysis, which affected his left leg, so that he walked with a limp. On July 1 last, when his ship was at Onehunga, he was given leave at noon to visit Auckland. He returned at 2 o'clock, the ship being duo to sail for New Plymouth at half-past three. About 2.30 a passenger went aboard with some friends. They all wanted to have a drink, but had nowhere to go. Earl, who was on duty in the saloon, suggested they should go into the pantry, but another steward named Davis intervened and took them to a cabin. Quarrel over Passengers. Earl was angered by this and followed tho party, inviting the pantryman, whose name was Pyman, to "come and see tho fun." Davis was at the cabin door, and Earl pulled him back. A fracas followed, but Earl would deny that any hard blows were struck. Pyman separated them, and Earl went to ono of the public rooms. Thenco he went toward the stewards' quarters or "glory-hole," intending to change his boots. In descending the companion he fell and broke his left leg above the ankle. Earl was on duty tho whole time, and it was customary for stewards to go down to their quarters while on duty. It was submitted the injury arose out. of, and in tho course of, Earl's employment. Earl, in evidence, said he pulled Davis out of the cabin because he thought the passengers were "bis people." Ho described the fracas as "a bit of trouble, but not actual fighting." It lasted about two seconds, he said, and he did not feel any effects. He went to tho "glory-hole" to change his boots, which he usually did three or four times a day, because ho suffered from corns. He remembered falling to the bottom of tho companion, and then lost consciousness. Mr. Meredith: Did not Davis land you two or three pretty good cracks ?—Witness : No. I am going to put, it to you that you got a pretty good hiding ?—No, but I struck my head on a bench when I fell down the stairs. There was no further evidence for plaintiff. Misconduct Alleged. Mr. Meredith, in opening for tho defence, said that Earl, as a saloon waiter, was required to prepare and servo afternoon tea. Ho had nothing to do with passengers' luggage. The passengers referred to were in charge of Davis. Earl tried to take them under his care, and when the attempt failed he became incensed, dragged Davis out of the cabin and struck at him. Davis hit him three or four hard blows on tho faco and jaw, and then asked the pantryman, who was a spectator, to tako Earl away. Earl was nest seen on a settee, with his htiad in his hands, and it was probable he was dazed. A few minutes later he fell down the companionway leading to the stewards' quarters. It would be submitted the injury was duo to his breach of duty in leaving the saloon for his private purposes, and that it was also duo to his own gross misconduct. Alfred W. Trangley, chief steward of the Rarawa, said that Earl's duty on the afternoon in question was to stajid by in tho saloon from 2 p.m. until afternoon tea was cleared away. Ho was not supposed to leave the saloon, or to show passengers to their cabins. Witness stated ho saw Earl in the "glory-hole" after the accident. Earl said that Davis had pushed him down the companion. Ho had no business to be there at tho time, as his work was in the saloon.

The Other Combatant. Frederick William Davis, a cabin steward, said he obtained permission from tho second steward to tako the passenger and his friends to tho cabin. They had a bottle of champagne, which they wished to share. Earl pulled him very roughly through the doorway and threatened to "knock his head off." Ho struck Earl three or four hard blows on tho face in quick succession and then told Pyman to take Earl away, because he was afraid of killing him. Henry Gardiner, second cook, said ho was in the "glory-hole" when Earl fell down the stairs. Earl told both witness and Pyman that Davis had knocked him down the companion. Alfred John Pyman, pantryman, corroborated the evidence of Davis. He said that Earl sat down on a settee after the fight. Ho did not seem much dazed. There was some blood on his face. John Frederick Archer, a bedroom steward, said ho saw Earl sitting on a settee and bending forward. There was some blood oil the side of his faco. Mr. Meredith submitted the injury was entirely Earl's own fault. Ho had caused a disgraceful row, and had received four hard, rapid blows nn or near his jaw. Ho must have been badly "rattled." While in that state he had gone to a part of the ship where his work did not require him to be, and there he received the injury. He was satisfied, said counsel, that the Court would not accept Earl's evidence that he went below to change his boots. Earl had done his employers a wrong by his conduct, yet ho was now claiming compensation. Mr. Holmden, in reply, said the fall and fight were separate occurrences. Earl was perfectly justified in going down to change his boots, and was entitled to the full protection of the Act while so doing. In order to succeed the defence must show that he was in a dazed condition and that such condition was the true cause of the accident. The case was adjourned until this morning for further argument.