COMPENSATION CLAIM FAILS

Taranaki Daily News, 24 July 1930, Page 11

COMPENSATION CLAIM FAILS

HUSBAND DIES OF CANCER. ALLEGED INJURY ON FARM. By Telegraph.—Press Association. Auckland, Last Night. The allegation that th© cancel’ which caused her husband’s death was brought about by an injury caused to his hand when he struck a cow was the basis of a compensation claim by Frances Jeffs in the Arbitration Court to-day. Plain- 4 tiff, the widow of William Henry Jeffs, farm labourer, brought her claim against William Thomas, a retired farmer, of Mount Albert. Plaintiff was non-suited. The claim showed that Jeffs had been employed on defendant’s farm at Maungaturoto in Novembei’, 1928. While driving cows to the bails he stxuck one of them lightly with the open hand. The end of his ring finger came against the bone of the cow with the result that the metacarpal bone of the hand was injured. - In October last he developed cancer and continued to suffer from it until he died on June 5. The widow claimed that his death was due to an accident that occurred during his employment by Thomas, Evidence that there was no evidence of cancer found in the tissue of Jeffs’ hand in April, 1929, was given by Dr. V, H. Usher. In October, however, a section of the growth removed f| jm his hand showed the presence of the disease, the secondary growth of which extended to the spine. Radium treatment was given and although the condition of the hand improved death supervened. Dr. Kenneth Mackenzie gave evidence that when he saw Jeffs eleven months after the accident he had a true bone sarcoma. , Dr. W. Gilmour, pathologist at the Auckland Hospital, said it was possible for osteogenic sarcoma to arise quite unknown to the patient. Witness thought the alternative of pie-existing sarcoma was more likely. In granting a non-suit Mr. Justice Frazer said the degree of knowledge the medical profession had so far attained about cancer was very indefinite and very largely speculative. Consideration of any case in which cancer was involved had to be approached • a considerable amount of reserve. The medical evidence for the plaintiff jell far short of the degree of proof required by the Court, which could not conjecture but must confine itself to drawing legitimate inferences from proved or admitted facts. -