FALL FROM HORSE

Waikato Independent, Volume XXXI, Issue 2448, 5 March 1931, Page 4

FALL FROM HORSE

CAMBRIDGE POUNDKEEPER’S DEATH. An aftermath of the death of James Norries, pouudkeeper at Cambridge, which occurred as the result of a fall from liis horse near his residence on October 3, 1929, was .the claim of the Public Trustee for the estate, of £IOOO compensation and £27 funeral expenses. The claim was against the Cambridge Borough Council and the Waipa County Council and was heard before Mr Justice Frazer at the Arbitration Court in Flamilton yesterday. Mr W. J. King appeared for the plaintiff, Mr J. L. G. West for the Cambridge Borough Council, and Mr M. H. Ilampson for the Waipa County Council. Air King said that on September 28, 1929, a message was left at deceased’s house requesting him to go to Roto-o-rangi and impound a bull. He went there on a horse, and later Norries was found lying unconscious on the ground. He died on October 3. There.seemed to be no doubt that Norries died as .a result of a fall from his horse. ,: Evidence was given by Henry Alan Bell that Norries was employed by the Cambridge Borough Council as a ranger and pouudkeeper for 12/6 a week and a free house. The council had no control over Norries when he was outside the borough. Norries broke horses as a sideline, and the horse from which he was thrown, or by which he was kicked, was a partly-broken animal. Medical evidence was tendered that Norries died from a laceration of the brain as the result of a fall or a kick. Mrs Emily Maria Norries stated that her husband retained any driving fees he collected after impounding animals. Air West said the primary question was whether the actual work done by deceased on the, night of the accident came within the scope of his employment by the borough. Counsel submitted that it was merely a private arrangement between deceased and the owner of the property on which the bull was found. If his submission were accepted, no liability rested on the Cambridge Borough Council. Mr Hhmpson made the same submissions on behalf of the Waipa County Council. After considering the case, the Court dismissed the Cambridge Borough Council from the action. Further consideration was adjourned pending the receipt of evidence relating to the custom regarding Norries’ duties when impounding stock in the county.