COMPENSATION CLAIM FAILS

Southland Times, Issue 23947, 13 October 1939, Page 4

COMPENSATION CLAIM FAILS

WATERSIDE WORKER’S DEATH

(United Press Association)

AUCKLAND, October 12.

His reserved decision in a claim for compensation brought by the married daughter of a waterside worker who was drowned off the Northern wharf on the evening of June 22, 1938, was given by Mr Justice O’Regan in the Abitration Court. The plaintiff was Mrs Alice Emily May Spurr, who brought her claim against the Richardson Steamship Line. The question at issue was whether the accident that resulted in the death of the plaintiff’s father, Melville Holmes, arose out of, and in the course of, his employment. Holmes had been engaged to work cargo on the Pukeko at King’s Wharf, but as the ship did not arrive he and others were dismissed. When walking along the wharf Holmes fell into the harbour and was drowned The plaintiff claimed that this happened in the course of his employment and asked for £2B expenses and such other relief as was just. His Honour stated that the accident was due to a risk to which any member of the public using the whaif was exposed equally with Holmes, and it followed that the accident did not arise out of his employment. The judgment accordingly was for the defendant company, to whom’ leave was reserved to apply for costs.