CROWN SUED

New Zealand Herald, Volume LXXV, Issue 23137, 8 September 1938, Page 18

CROWN SUED

PIPELAYER'S CLAIM ALLEGED INJURY AT ORAKEI CONDITION OF HEART CONTENTION BY THE DEFENCE The petition of Percy Talloch, public works employee, for damages against the Crown, was brought before the Court of Arbitration, presided over by Mr. Justice O'Regan, yesterday. The suppliant, who was represented by Mr. C. A. SnOddcn, was engaged last year as a pipelayer at the Orakei sewerage works. Ho claimed that on July 3, 1937, he suffered injury arising out of his employment while he was handling a reinforced concrete pipe 12in. in diameter and 6ft. long. The work was urgent and more difficult than usual because of the confined space in which he was working, and ho suffered a heart strain.

On July. 6 he collapsed at work and was a patient in hospital for seveh weeks, suppliant stated. He had since been totally incapacitated. He claimed compensation at the rate of £3 6s 8d weekly from the time of the injury up to the date of trial and such other compensation as the Court thought fit.

The Crown's Answer The answer of the Crown, for whom Mr. V. It. Meredith appeared, was that the injury was not due "to any accident, but to a heart condition already existing. Mr. Snedden said that Tulloch, who was 57 years of age, had to back into a low tunnel carrying the heavy end of a pipe. While trying to fit it in he had to take an unexpected and unusual strain. He was overcome with giddiness and sickness and his nose began to bleed. Three days later when looking over the ground with the engineer he collapsed after bending down and had to be taken to hospital. He had not had a day's illness before and had been a maji who gloried in his strength. The suppliant said that after Dr. Roche had given him a certificate that he was fit for light work he went back to the job, but when he was asked to sign an indemnity he declined to do so. Mr. Justice O'Regan: I always advise a man to sign and go back to work if he is fit to work and there is work for him. The suppliant said he was not fit for work. Medical Opinions Dr. E. B. Gunson said he had found in the suppliant definite heart muscle disease of some standing, and lie formed the conclusion that he had serious miocardial degeneration. He was permanently unfit for any but light work. Dr. J. W. Bridgman said he found symptoms indicative of a dilated heart with possibly hypertrophy. Ho considered that all, or at least the greater part of, the dilatation was the result of unusual effort. "I think he is finished as a working man," said witness, "and that is due to the undue strain on July 3." Dilatation duo to acute overstrain of tlie heart was diagnosed by Dr. W. H. Horton, who said that Tulloch might still be fit for light work. Mr. Meredith said that the defence was that this was a case of thrombosis and that the man's condition had no relation whatever to what happened on July 3. Medical evidence would show that one could not get dilatation in an ordinary good heart as a result of physical effort. Evidence for Crown Dr. T. W: J. Johnson said he found that Tulloch's heart was the seat of old standing degeneration. On July 6 he had an attack of coronary thrombosis. Hip general condition last month was good, and witness considered lie could resume reasonably labouring work provided he did not undertake heavy exercise. Sudden dilatation of the heart did not occur. Dr. E. H. Roche said that on arrival at hospital Tulloch had been suffering from a moderate degree of heart failure. Witness later came to the conclusion that Ife had had a coronary thrombosis on July 6. The man was still very unfit, but could do oversgeing.

The hearing was adjourned until this morning.