FALL FROM A HORSE.

Waipa Post, Volume 42, Issue 3269, 7 March 1931, Page 5

FALL FROM A HORSE.

POUNDKEEPER'S DEATH CLAIM AGAINST WAIPA COUNT* COUNCIL. An aftermath of the death of James Norries, poundkeeper at Cambridge, which occurred as the resu t of a fall from h»s horse near his residence on 3rd October, 1929, was the claim of the Public Trustee for the estate oi £IOOO compensation and £27 funeral expenses. The cla.m was against the Cambridge Borough Council and the Waipa County Council, and was heard before Mr Justice Frazer at the. Arbitration Court in Hamilton this week.

Mr W. J. King appeared for tne pla.ntiff, Mr J. L. G. West for the Cambridge Borough Council and Mr M. H. Hampson for the Waipa County CounCii.

Mr King said that on 28th September, 1929 a message was left at deceaseds house requesting him to go to Roto-o-Rangi to impound a bul He went there on a horse and later Norries was found lying unconscious on the ground. He died on 3rd October. 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 b.y the Cambridge Borough Council as a ranger and poundkeeper for 12s 6d a week and a free house. The Council had no contro over Norries when he was outside the borough. Norries broke horses as a side-line, and the horse from which he was thrown, or by which he was kicked, was a partlybroken animal. Medical evidence was tendered that Norr.es 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 the animais. Mr West said the primary question was whether the actual work done by deceased en the night of the accident came within the scopfe of his employ ment 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. Mi Hampson made the same submission on behalf of Waipa County Council. After consideration 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.