WHAT IS AN ACCIDENT?

New Zealand Times, Volume XXX, Issue 6492, 11 April 1908, Page 11

WHAT IS AN ACCIDENT?

CLAIMS FOR DAMAGES. PRESS ASSOCIATION. GORE. April 10. At the Gore Court yesterday three claims, totalling £-lfio, were made against John Dickson, farmer, Otama. The claimants were employees of defendant. In August last year every one in Dickson’s house, numbering ten, including four workmen, were laid aside through being attacked by vomiting. The doctors diagnosed the cases as arsenical poisoning, and it was then found that a tin containing a preparation used for killing Californian thistle, which had been hanging in a storeroom by a wire, had fallen, through the wire rusting, and had apparently reached the food stuffs and caused the One claimant for £2OO had lost the power of his limbs, and was still unable to work, and some of th© family were still under the doctor’s care.

Counsel for claimants argued that the accident came within tho terms of the Workmen's Compensation Act. Counsel for tho defence submitted that the cases must fail, as the claims had not been lodged within four months. He further argued that there had bedn no accident, and that if there had been it was not one arising out of ordinary employment, and that employment must be tho cause before claimants could relcover; further, that if they could recover, all that could De claimed was half wages. Counsel for claimants held that the claims were not prejudiced by failure to give notice, and argued that the poisoning came within tne definition of ‘ accident. Judgment was reserved.