A WIDOW RECOVERS DAMAGES FOR THE LOSS OF HER HUSBAND.

New Zealand Times, Volume LXVI, Issue 3311, 18 December 1897, Page 2

A WIDOW RECOVERS DAMAGES FOR THE LOSS OF HER HUSBAND.

'By Telegraph.—-Press Association, - Auckland, December 17. The case of Miry Develiu v. the WaihiSilverton Goldmining Company, a claim for £IOOO, came on for hearing at the Warden Court, Paeroa, to-day. The amount was claimed as compensation far the loss aus. tained by the complainant oy the Meath of her husband, who was killed while in tbe employ of the defendant Company. Mr jelllcoe, ot Wellington, appeared for the complainant, and Mr'Cooper for the defendant Company. Mr Jellicoo explained that at the time the deceased was killed be .was earning £3. per week. The - deceased* was 33 years of age and in the beet of Health, and he (Mr Jellicoe; asked His Worship to take into consideration tbe faot that according to the actuarial certificate Develia might roa*oniblf have been expected to live for another 3 3 years. After evidence had been given by the plaintiff Mr Cooper addressed the Court, and contended that the provisions of the Employers’ Liability Act should form the basis of the assessment, that ia, an award. should be given equal to three years’ average earnings or an amount not exceeding £SOO ibis, he thought, was a very liberal and fair amount, and equitable compensation for any pecuniary loss sustained. The Warden, after due consideration, gave an award of £750 with ooatei the apportionment being £0 JO to, the widow and £350 to tbe child of the deceased.. Prior to argument an agreement was banded into the Court, signed by both counsel, that this action was wifchsut prejudice to the rightof the complainant to appeal to the Privy Council on the decision of the Coart of Appeal, and that, should complainant so appeal and gain the appeal, then the Warden’s decision should lapse, and if the appeal was dismissed the costs of snob. appeal should be deducted from the amount awarded by the Warden, time being alio we Hoc appeal and the Warden's judgment being held back from ©xecntion la the meantim®.