COMPENSATION CLAIM.

New Zealand Mail, Issue 1715, 11 January 1905, Page 15

COMPENSATION CLAIM.

THE QUESTION OP DEPENDENCE. ARBITRATION COURT’S JUDGMENT. DUNEDIN, January 4. The judgment of tlia Arbitration Court in the compensation claim Henry Harbour v. Fergus son and Mitchell, beard here some time ago, is now to band. The principal question at issue was that of dependency, and the decision apparently does not coincide with the decision of Mr Justice Corner on a similar subject. Henry Harbour claimed that lie his wife were dependants on John Harbour, their son, who died from the effects of an accident while engaged as labourer in respondents' mill. Claimant owns a small farm valued at £IOOO, with cows and horses, etc., worth £l5O. The farm was mortgaged for £3OO. Since the death of the son the farm had been let to two sons with land adjoining, received from the deceased son's estate, for £6O per annum. The son earned 36s per week and lived with his parents' paying them 15s per week. The son died intestate, and claimant received from his estate and the proceeds of an insurance policy at least £550. Deceased had acquired a cottage near liis place of work and contemplated marrying and living there. Looking at the contingency of the son marrying, it might be assumed the income from his estate approximately replaces pecuniary and personal assistance given by him. The Court is of opinion that under the circumstances the question of partial dependence does not arise. As to the mother's claim, the death of the eon placed the husband in a pecuniary position which enabled him to continue to support his wife more effectually than before, and tlie Court thinks her and her husband's case must be considered together. The Court thinks the judgment of Mr Justice Cooper in the case of Ashcroft v. cable is based on an English case which was a decision on the first part of the schedule only, and the Court is unable to agree that it applies to the present case. The sum of £l9 12s, funeral expenses, with £5 5s and witnesses' expenses, etc., was awarded.