THE PENGUIN AND DUCO WRECKS

New Zealand Times, Volume XXXII, Issue 7077, 15 March 1910, Page 1

THE PENGUIN AND DUCO WRECKS

COMPENSATION CLAIMS

CAPTAIN ABRAM'S WIDOW RECEIVES .£SOO

Claims for compensation arising out of the loss of the steamers Penguin and Duco were before the Arbitration Court yesterday. :\lr Justice Sim' presided, and associated with him wero' Messrs J. A. McCullough and W. Scott, workers' and .employers' representatives respectively. CLAIM FOR £SOO.

The first case was brought by Agnes Abram, executrix of the will of John Abram, master mariner. She claimed from tho Wellington Harbour Ferries Company tho sum of £SOO compensation for the death of her husband, Captain Abram, who was in command of the Duco when she foundered at sea on or about September 7th last. Mr Gray appeared for Mrs Abram and Mr Samuel tor the company. Mr Gray said tho claim would be admitted in full.

This was concurred in by Mr Samuel.

Judgment, therefore, Has given for the amount claimed,, costs (£5 os), with disbursements, being allowed. As the claim affected insurance business, his Honor allowed one week for tho money to be paid. CLAIM BY PUBLIC TRUSTEE.

The. Public Trustee, represented by Mr Treadwell, also claimed compensation from the Wellington Harbour Ferries Company, Ltd. (Mr Skerrett), on behalf .of Salvadora Violet Cameron, as a total dependant of the late Allan Cameron, seaman on the Duco. Mr Treadwell said that as the defence had made certain admissions, he had only to prove that his client was the ' legal representative of the late Allan Cameron, and was a total dependant upon him. Cameron was married in March, 1891, and Violet, the daughter, for whom compensation was now claimed, was horn in 1892. The mother died at Brisbane, and Violet was placed with an aunt, an arrangement being made under which Cameron had paid 10s a week for her support. She was delicate, and incapable of earning her living. Mrs McKillop, of Marton, maternal aunt of Salvadora Violet Cameron, under cross-examination said that the payments made by Cameron fell into -arrears; and he made these good by paying sums of £6O and £4O. He' paid at tho rate of 10s a week for the first thirteen years and afterwards £3 a month. He had aJso paid sums of £OO aaid £4O. All- Skerrett: Is it not a fact that you took the child intending to keep her and because of her mother's relationship to you?—l expected to be paid. You ■received tfhis £3 a month regularly and yet you,have no letter to show?—l didn't think it was necessary.

And-you instituted these proceedings? In other words you want to get the money ? —Yes. Salvadora Violet Cameron also gave evidence, and in addition medical testimony was called. Mr Skerrett, in opening for the defence, contended that Violet Cameron ths a partial, not a total, dependant of tho deceased and was therefore entitled to a sum of three times the amount received annually from the deoeased. He further submitted that the only smm so received was tho

amount of £IOO and that the child was really adopted by tile- aunt. lit would show that Cameron was always in financial difficulties. The girl assisted her aunt in the house and would naturally be entitled to something for that. The case was of importance from the fact that' there ware other claimants against tho company under the common law as well as the Workers Compensation Aot. P. H. Zohrab, secretary of the Wellington Hanbo ur Ferries Company, stated that Cameron was in the employ of tho company for about a year prior to joining the Duco. During that time he had earned £lll. As a common seaman on the Duco ho wonld earn £7 a. month and his keep. He was usually short of cash and frequently received advances on his salary. He gave a reason at times that he had received a "bit of bluo paper." ,

To Mr Tread well: Witness was aware that Cameron possessed fifty acres of valuable land at Muritai ; a twelfth, share in the Gollan's Valley estate and four cottages at Rona Bay. . This was all tho evidence. ,

After a few minutes' deliberation the I Court announced that where a child was living with a parent very little \ evidence "was required to show total dependaney, but where a child had lived away from its parent nearly thewhole of its life some clear and satisfactory evidence was needed to show total dependaney. This hlad not been given. The Court, however, was satisfied of partial dependency. If £2O was taken as the amount she had received during the Jast year—which was a very liberal basis—judgment would be given on that basis. Plaintiff was entitled to recover £6O. Judgment was for that sum, with costs, £7 7s, with disbursements and witnesses' expenses. PENGUIN CASES. There were three separate motions by the Public Trustee (Mr TreadweU) for the apportionment of compensation. These cases were all against the Union Steam Ship Company, and arose out of-the wreck of the Penguin. In the case of W. S. Rentoul, compensation to the extent of £135 already granted, was directed to be applied by the Public Trustee for the benefit of the mother, father, and invalid son. In the case of A. G. Loosemore it | 'was) idjirewted that £IOO out of the i £SOO granted should be paid to the mother for her own use and benefit; the Public Trustee ,to . use, the remainder for the maintenance of the mother and child, which was posthu- | mous. In the case of F. J. Driscoll, the full compensation, £207 was directed to be paid over to the mother, it being shown that there was no danger of the fund being squandered by this course. In each case costs, £3 3s, were ordered to be paid out of the [ various funds. PAYMENT OF £405. In the case of , Mary Hayes v. the Union Steam Ship Company, which also arose out of the wreck of tW Penguin, the Court made an ordor for the payment into Conrt of £405. Defendant compaaiy admitted liability to pay this amount. Mr o'B.egan appeared for plaintiff, Mr Levi for the company, and Mr 1). M. Findlay, as guardian ad litem to the plaintiff's two infant children.