COMPENSATION CLAIM.

New Zealand Herald, Volume LXVI, Issue 20228, 12 April 1929, Page 14

COMPENSATION CLAIM.

DEATH OF A WORKMAN

WIDOW'S APPLICATION FAILS

[BY TELEGRAPH. —OWN CORRESPONDENT. ] NEW PLYMOUTH, Thursday.

Arising out of an accident to Robert Daniel Dunn, while working as a lorry driver for Arthur James Mack, at Waiwakailio, on September 18, 1926, a petition for compensation was heard in the Arbitration Court this morning. Since tho accident Dunn had died. Catherine Mary Dunn, of Ellerslie, Auckland, was plaintiff, and Arthur James Mack, of New Plymouth, contractor, was defendant.

Counsel for plaintiff said deceased had been working as a lorry driver for Mack for about five weeks beforo the accident. He harl been carting band from the Waivvakaiho River to a dump on the town side of the river. On September 13, 1926, he met with an accident by falling from his lorry. Mo suffered an injury. No one saw the accident. He worked for a couple of days after the accident and subsequently was taken to hospital suffering with pneumonia. Ho died on September 26. It, was submitted that the cause of death arose from the accident which deceased had while in the course of his employment, and on that ground claim was made for medical and funeral expenses, amounting to .1136 7s 6d. and general compensation amounting to £750. Petitioner said she and six children were dependent on deceased at ihc timo of his death. Thorc were four other children who were not dependent on him. ][er husband earned £5 lO.s a week. Dr. Brewster stated that the pneumonia was on the same sido as the injury which deceased suffered. Pneumonia might have been developing at the time of the accident, but there was nothing to show llwit. Jhe probabilities weio more in the direction of Iho accident being the cause of the pneumonia. The Court delivered judgment in favour of defendant, His Honor stating that on the medical evidence the Court was not able to say that the onset of pneumonia was connected with the accident. No application was made for costs.