DEATH ON FARM

Taranaki Daily News, 5 August 1937, Page 11

DEATH ON FARM

MAN WORKING HAYRAKE. CLAIMS MADE FOR COMPENSATION. Two compensation claims were brought in the Arbitration Court at New Plymouth yesterday before Mr. Justice O'Regan and Messrs. W. Cecil Prime and A L. Monteith, arising out of the death of Leslie Jacklin Hardgrave on April 15, 1936. Albert Ernest Goodacre, farmer, Frankley Road, for whom Mr. F. S. Grayling appeared, was the respondent in both claims, it being alleged that Hardgrave died while in his employ. The claims were brought by Thomas Hardgrave, New Plymouth, father of the deceased and by Robert Leslie Ferguson, a minor and a son of Hargrave, suing by his guardian-ad-litem, Lily Agnes Ferguson, New Plymouth. The father claimed £23 ls medical and funeral expenses and costs while the other claim was for £572 compensation. Mr. R. H. Quilliam appeared for both appellants and, the claims were heard at the same time. The statements of claim alleged that while ergaged in the course of his employment on April 15, 1936, Hardgrave Was proceeding with a hay rake down a steep slope in a paddock on Goodacre's farm, Frankley Road, and suffered injuries in an accident from which he died. It was alleged that Hargrave died of suffocation, said Mr. Quilliam, his mouth and nostrils being clogged with dirt. Medical examination had shown that he had a diseased heart and even if he had suffered the accident through fainting it did not prevent the claims from being advanced. Mr. Quilliam briefly outlined such events as were known to have occurred prior to the accident. Goodacre had discovered the body on returning from his milk round and had called Dr. Thomson. Dr. Thomson, in evidence, detailed the injuries which Hardgrave had received. He had skin abrasions on the cheek and in the left armpit. In Dr. Thomson's opinion the cause of death was asphyxia following either a faint or concussion. As he was lying on his face Hardgrave would have no opportunity to recover, said Dr. Thomson, but there was evidence that he had breathed and he believed that had Hardgrave /fallen with his mouth and nose clear he would probably have ^recovered. The condition of the heart indicated that he had %ecovered from serious lesions of the heart. Cross-examined by Mr. Grayling Dr. Thomson stated that he was definite in saying that Hardgrave was not dead when he struck the ground, He quoted authorities to show that the symptoms displayed were consistei.it with asphyxia. He did not believe that heart failure had been the cause of death for Hardgrave had on that day shown no indications of approaching heart failure but liad proceeded to his work. There were no witnesses of the accident, said Mr. Grayling. It was not known whether Hardgrave was walking alongside or behind the hayrake or riding on the seat. He quoted :an authority in an endeavour to show that the symptoms of asphyxia displayed by Hardgrave might also be those of heart failure. The court adjourned to view the hayrake and the scene of the accident and the hearing was adjourned until to-day.