DROVER SUCCEEDS

Timaru Herald, Volume CXLIII, Issue 20780, 15 July 1937, Page 13

DROVER SUCCEEDS

COMPENSATION GRANTED SUIT AGAINST FREEZING COMPANY Alleging that as a result of an accident he suffered when droving for the New Zealand Refrigerating Co., Ltd., he had been incapacitated, Thomas Sydney Woods, of Fairlie, claimed compensation in the Arbitration Court yesterday. His Honour Mr Justice O’Regan presided. The plaintiff was represented by Mr A. D. Mcßae, Mr H. D. Acland (Christchurch), appearing for the defending company. •

The statement of claim set out that on March 21, 1936, plar.tiff was employed by the defendant company droving a mob of sheep from Aliandale to Fairlie and was run down by a motor-lorry, suffering a fracture of the right leg and a severe shaking. It was claimed that the injuries, which arose out of his employment, totally incapacitated him for 19 weeks and permanently partially disabled him to the extent of 25 per cent, of the function of his right knee. His average earnings were £6 a week but, while the company had paid the sum of £4O on account of compensation accruing to date, it had not acknowledged liability for further payments. Plaintiff asked for judgment for £76 compensation for the 19 weeks he was totally disabled, less the £4O be had been paid, a lump sum on account of his permanent partial disablement and such further relief as the Court saw fit to award. Fracture Denied The defence admitted the accident but denied that the plaintiff suffered a broken leg. The permanent partial disablement of the right knee also was denied, as was the claim that his average weekly earnings were £6. In evidence, the plaintiff said he was the company’s regular drover in the Fairlie district. As a result of the accident, his right knee gave trouble. If he did a great deal of walking or riding it became very stiff and also his right arm hindered him in his work.

To Mr Acland, the plaintiff said he did other work besides droving. He had done some team work since the accident.

Mi - Acland: And you were able to do it all right?—Yes. Dr. J. C. McKenzie said an X-ray photograph taken after the plaintiff’s admission to the Timaru Public Hospital showed the knee joint normal with the suspicion of a fracture. Witness’s own opinion was that there had been a fracture which had healed. On what plaintiff had told him recently, he came to the conclusion that the knee was not as good now as it was before the accident. He estimated the loss of function of the joint as 25 per cent. He did not think the plaintiff would be able to do high country work in his present condition. For the defence, Dr. G. R. Kingston said that when he saw the plaintiff on September 11, 1936, he was well on the way to recovery. There appeared to be very little loss of function of the knee. Witness could find no trace of injury to the ami. To his Honour, witness said the injury in a man of plaintiff's age (59) would leave some disability. After a retirement of 20 minutes, the Court awarded plaintiff £175 15s 5d compensation, less the £4O he had already received, and costs £8 Bs.