A COUNTY'S LIABILITY

New Zealand Times, Volume XXXIII, Issue 7847, 8 July 1911, Page 2

A COUNTY'S LIABILITY

EOAD OVEESEEE KILLED. THROW FEOM HIS BEGOT. Hia Honor Mr Justice Stm delivered his judgment yesterday In the compcnsati n case, David Henry Speedy and Frcderok William Groves v. the County of Castlepoint. Tho case was heard at Wellington on June 24th. , ‘ Tho plaintiffs were executors under toe will of Alexander McHutcheon. who vos killed on November 25tb last by being thrown from a buggv in which ho -was driving along the road between \V’haka*aki and To Nui in the county of Castlepoint. Deceased- was employed by the County Council as cleric, treasurer, collector of rates and road overseer at a salary .of £lB3 per annum. AU the county roads, which arc 62 miles in length, were under ms supervision, , and the surfacemen, usua.ly fire in number, employed on these roads were under bis control. It was necessary, therefore, for the deceased, as part of Ins ordinary work, to travel frequently about tho county roads. On the morning on which he was killed he was - travelling from Its ' home at Whakataki to inspect tho main county road at Langdale, which he had boon instructed to do by resolution of the council. In the course of his judgment, his Honor said: —“Looking at the nature of his duties in connection with tho county reads, the whole of thoss roads must bo treated, we think, as being within the sphere of hi* work. Whenever, therefore, he was travelling along one of these roads in connection with the business of the council, ho was at work under his employment. In this respect the Case is different from that of aw ordinary servant who has to travel alou# a road before he reaches the sphere of hK work. In such a case the employment j*i treated as not having commenced until the servant has reached the sphere of his work, unless there is some agreement by which the employer undertakes to convey tho servant to his place of work. In the present case part of the deceased's work, as we have said, was to travel bn the county roads, and nLs employment began as soon as he hod started on a journey on a county road in connection with the business of the council. The accident by which tho deceased was kil '©cl arose, therefore, in tho course of his employment. It arose also out of h's employment. Ho was doing at the time part of the work that he was cm. ployed to do, namely, to travel along tho county roads, and the -accident thus arose directly out of that work.”

His Honor held that plaintiffs were entitled to recover compensation on behalf of the dependants of tho deceased—£soo as compensation, and £2O for funeral expenses. The £SOO was ordered to be paid into Court to await the further order of the Court, which would be made so soon as the Court was satisfied by affidavits as to who tho legal dependant? of deceased were. His Honor directed also that plaintiffs submit their proposals as to the disposal of tho compensation money. Costs to tho amount of £ls 15s were allowed to plaintiffs, all-disbursement* and witnesses’ expenses to be also paid by defendant.