WATERSIDER'S DEATH

New Zealand Herald, Volume LXXVI, Issue 23476, 13 October 1939, Page 8

WATERSIDER'S DEATH

DROWNED IN HARBOUR COMPENSATION CLAIM FAILS Reserved decision in a claim for compensation brought by the married daughter of a waterside worker who was drowned off Northern Wharf 011 the evening of June 22, 1938, was given by Mr. Justice O'Regan in the Arbitration Court yesterday. The plaintiff was Mrs. Alice Emily May Spun- (Mr. Sullivan"), who brought her claim against the Richardson Steamship Line (Air. Allan J. Moody and Mr. McCarthy). The question at issue was whether the accident that resulted in the death of the plaintiff's father. Melville Holmes, arose out of and in the course of his employment. Deceased had been engaged to work ci.rgo 011 the Pukeko at King's Wharf, but as the ship did not arrive he and others were dismissed. When walking along Northern Wharf, Holmes fell into the harbour and was drowned. Plaintiff claimed that this happened in the course of deceased's employment and asked for £2B 13s expenses and such other relief as was just. In giving his decision His Honor stated that the accident was due to a risk to which any member of the public using the wharf was exposed equally with deceased, and it followed that the accident did not arise out of the employment. Judgment accordingly was for the defendant company, to whom leave was reserved to apply for costs.