CLAIM MADE BY WIDOW.

New Zealand Herald, Volume LXVI, Issue 20425, 29 November 1929, Page 16

CLAIM MADE BY WIDOW.

SUICIDE OF HUSBAND.

INJURIES LEAD TO INSANITY.

CROWN TO PAY COMPENSATION

[llY TELECRAPU —OWN C.pit RESPON DENT. ] CHIiISTCHUIICIT, Thursday.

In the Arbitration Court to-dny Margaret Taylor, widow, of Ashburton, ! claimed £750 from Iho Crown us compensation for the death of her husband, a railway, employee, who was injured through being struck by a truck on February 11, 1926, and who committed suicide on May 2, 1927. The decision of the Court depended on the point whether Taylor was insane at the time he took his own life, and, if so, whether this insanity was the result of* his injuries. In her statement of claim, plaintiff said she and her four children, whose ages ranged from one to nine years, were total dependents of the deceased. By the accident her husband had suffered a fractureof the lamina of the fifth of the lumbar vertebrae, with attendant shock, and was thereafter incapacitated until his death. He was paid compensation under the Workers' Compensation Act at the rate of £9 8s a month up to the date of his death. Mr. H. F. O'Leary, of Wellington, with him Mr. F. W. M. Cowlishaw, appeared for plaintiff, and Mr. A. W. Brown for the Crown. Mr. Justice Frazer said there was no question about the happening of the accident, but Hie question was whether his suicide was connected with tho accident or not.

Man Works After Accident. Mr. O'Lcary said Taylor had been struck by a moving truck. He had been in hospital for a time, but when ho was discharged ho went back to his work. The question was whether his death was duo to the accident. It would be necessary to provo that death was duo to insanity, that Taylor was insane at the time of the suicide, and that his insanity was due to (ho accident.

According to tiio evidence given by plaint iff--and two follow employees of tho deceased, he was a different sort of man altogether after the accident. Dr. Joh Of Russell, rjeputydirector of mental hospitals, said he had been assist-ant-medical officer at Sunnyside during the period that Taylor was there. In witness' opinion Taylor was insane at tho time of his death, which was due, witness considered, to his insanity. He believed that the insanity was duo to the accident, and was of that opinion when Taylor was admitted. He considered that tho brooding after the accident was a symptom of his insanity. Dr. T. W. J. Childs, superintendent of Sencliff Mental Hospital, said lie had studied tho circumstances of the case, and considered that tho accident was the. main contributing cause to Taylor's insanity. Cause o! the Insanity.

Mr. Brown, in addressing the Court, said 'he evidence went to show that there was no definite mental change in Taylor until some considerable time after the accident. The whole of the evidence showed that his insanity was caused either bv shock or through brooding over the accident.

Dr. J. C. Pairman said he examined Taylor about six months after the accident. At that time 110 showed no symptoms of insanity. v Dr. R. H. Baxter said he considered that an ordinary person suffering such an injury would not necessarily become insane.

Dr. A. C. McKillop, director of Sunnyside Mental Hospital, gave ovidence of having examined'Taylor in the hospital. In his opinion the insanity was the result of the accident. His Honor said mental cases were somewhat rare, hnt the law was quite clear on the subject. There was some con Diet in the medical evidence, but the Court was of the opinion that the man had received a severe physical and mental shock, and that the insanity which caused the suicide resulted directly from the shock, which had progressed in the usual way up to the time of his death. Plaintiff' was' entitled to compensation. It was left, to (he parlies to fix the amount, with leave to refer the matter to the Court if necessary.