“FRAME-UP” SUGGESTED

Sun (Auckland), Volume II, Issue 417, 27 July 1928, Page 13

“FRAME-UP” SUGGESTED

INDIGNANT DENIAL

CLAIM FOR COMPENSATION Alleging that lifting a heavy bale of sacks prematurely strained his heart, Thomas Smith, labourer, of Auckland, claimed compensation in the Arbitration Court this morning from McKendrick Bros., sack merchants. Mr. F. D. McLiver appeared for plaintiff and Mr. F. L. G. West for the defendant company. The plaintiff sought full compensation for total loss of earning power. At the outset Mr. McLiver stated that lie had heard it suggested by the other side that the whole case was a frame-up. Mr. West promptly denied any knowledge of the suggestion, saying that he keenly resented the allegation. The plaintiff, aged 18, said the accident happened on September 19 last year. lie was loading a trolley with a bale of sacks when it fell upon him and strained his heart, disabling him completely. He detailed the after effects of the incident, which had prevented football and boxing. Mr. McLiver then said he had been told that by Mr. McKendrick at the races. Here Mr. Justice Frazer intervened, holding that comment was not warranted. Cross-examined by Mr. West, plaintiff admitted that three weeks prior to tlio accident he had suffered from a bruised pelvis bone as the result of an accident at the factory. He had had a fainting fit on that occasion and had spent, three days in the hospital. Returning to work for two days after the second injury, he said nothing of it to his employers.

Counsel suggested that Smith had no right to be touching heavy bales, having been put on machinery since his pelvis injury. (Proceeding.)