ARBITRATION COURT

Otago Daily Times, Issue 22398, 20 October 1934, Page 7

ARBITRATION COURT

CLAIM FOR COMPENSATION INJURY TO BUSHMAN The Arbitration Court—Mr Justice Blair (president) and Messrs W. Cecil Prime and A. L. Monteith (assessors) —was occupied yesterday morning in hearing a case in which Charles Wolfe, of Dunedin, a leading bushman, claimed compensation from Henry Abel Murch, of Kaka Point, contractor, Patrick Joseph Hussey, of Kaka Point, contractor, and lan M'Cartney Sharpe, of Kaka Point, sawmiller. The plaintiff was represented by Mr J. G. Warrington, and Mr E. J. Anderson appeared for the defendant Sharpe. Suing the defendants jointly and severally, the plaintiff claimed that on September 12, 1933, and for some time previous to that he had been employed by the defendants as a leading bushman, and on September 12, during the course of his employment, was bringing a log out of the bush, when the log swung round, fell on him and fractured his leg. His average weekly earnings were £4 4s, but by reason of the accident he had been since that date, and would be for some time, fully incapacitated from following any employment. The plaintiff, therefore, claimed from the defendants a weekly payment of £2 ICs by way of compensation or a lump sum in lieu thereof as the court should think fit. He also claimed £1 medical expenses, costs, and any further relief as the court should deem fit.

The defendant Sharpe filed a statement in which he denied that the plaintiff had been in his employ, and therefore denied all the other claims.

Mr Warrington explained that Murch and Hussey had taken no action as defendants, and in actual fact were going to give evidence for the plaintiff. They would not appear as defendants. At the time of the accident Wolfe was employed by Murch and Hussey as a leading bushman, and the case turned on the relationship between Murch and Hussey as contractors, and Sharpe, who, they alleged, was a principal. Previous to that time Murch and Hussey had been employed by Sharpe from time to time on wages. In June or July, 1933, they entered into an agreement with him as contractors, and on the construction placed on that agreement the whole case would depend. The plaintiff submitted that the agreement was one for work to be performed, while the defence would no doubt allege that it was an agreement for the sale of standing timber. Mr Anderson said they claimed that the agreement was not a contract, but merely an arrangement for the sale of the standing timber. After evidence had been heard and counsel had addressed the court, his Honor said the court was satisfied that the plaintiff could not succeed against the defendant Sharpe. Judgment would be given against the other two defendants for compensation during the period of incapacitation, such compensation to be assessed later if necessary. Costs and disbursements would also be awarded. Judgment would be given for the defendant Sharpe, without costs.