ACCIDENT TO DROVER.

New Zealand Herald, Volume LXVII, Issue 20619, 18 July 1930, Page 14

ACCIDENT TO DROVER.

QUESTION OF LIABILITY, A CLAIM NON-SUITED. The question whether a cattle drover was an employee of an auctioneering com* pany or an independent contractor wal the central point in a compensation claim heard in the Arbitration Court yesterday. The claimant was Matthew William Neville, of New Lynn, farmer (Mr. Bagnail), who sought compensation from Alfred Buckland and Sons, auctioneers (Mr. West). On October 2, 1929, Neville was driving a cow from Henderson to Westfield, when the beast tried to break back. While he was endeavouring to stop it, Neville's horse slipped on the concrete and fell on him, fracturing his leg. Neville claimed that at the time he was an employee of the defendant company, but the company denied this. In evidence the plaintiff said he had got the cow from a neighbour in response to a message from Buckland and Sons asking him to get ill touch with the owner. During the previous 12 months ho had earned £75 from droving. Nil*. West submitted that there was no case for the defendant company to answer. There was no contract of service and if there was it was made with the owner of the cow and not with the plaintiff, lie moved for a non-suit. In granting a non-suit Mr. Justice Frazer said the message Neville got fro® Buckland and Sons asking him to get in touch with Holt," the owner of the cow, was very indefinite and was not sutficient to a contract of any kind upon. Neville was a free lance to drive jib many cows as he liked and was o - viously not a servant either of Hoit or o Buckland and Sons. It had not been established that there was any contract at all, and, if there was, it was of a general nature. Defendant was allowed 8s costs and witnesses' expenses.