APPEAL SUCCEEDS

Waikato Times, Volume 114, Issue 19010, 29 July 1933, Page 5

APPEAL SUCCEEDS

EARTHQUAKE INJURIES.

PRIVY COUNCIL DECISION.

WORKERS’ COMPENSATION CASES.

HEAVY LIABILITY ON EMPLOYERS

United Pre33 Assn.—Elec. Tel. Copyright

(Received July 29, 9.15 a.m.) ■ LONDON, July 28

The Privy Council has allowed the appeal with costs in The case of Margaret Brookcr versus Thomas Borthwick and Sons, Ltd.

Legal preliminaries in New Zealand in connection with the test compensation cases arising from the Hawke’s Bay earthquake on February 3, 1931, w r ere announced from Wellington as completed on March 30, when the oases were formally remitted to the Privy Counoil. Four cases were regarded as typical, namely, Margaret Brooker v. Thomas Borthwick and Sons (Australasia), Limited; John Ryan v. Thomas Borthwick and Sons (Australasia), Limited; John Prendergast v. Nelsons (New Zealand), Limited, and Philomena Mary Ashwell v. Thomas James Brennan and Charles Fenton Manning. Mrs Brooker’s husband: was killed while at work through the oollapse of the building in which he was employed in Napier. Ryan, a slaughterman, was- Injured by the collapse of the same building, and Prendergast was Injured by a fall from' the top of a sheeprace in the course of his employment. Ashwell was a hotel employee killed by falling, bricks while on his way to post letters in the course of his employment. The appeal brought the New Zealand Workers’ Compensation Act before the Privy Council for the first time and will determine the liability of the companies to pay compensation in respect of employees who were Injured or killed in the earthquake' in February, 1931.- .

The appeal was from the decision of the New Zealand Court of Appeal, ‘That on the facts before it injuries to workmen during the Napier earthquake did not give rise to- a right to compensation under the Workers’ Compensation Act, 1922.” With the consent of all parties, and the approval of the Arbitration Court, use was made of the Declaratory Judgments Act to luring the matter directly before the 'Court of Appeal, so that, if thought , lit, an appeal would be made to the Privy. Council. The allowing of the appeal is an important decision, inasmuch as it places an enormous liability on employers and , insurance companies, when they are. called to compensate for injuries caused.by a catastrophe involving practically a whole community. j ■ ■ • LARGE CUM INVOLVED. FRESH CLAIMS ‘ PROBABLE. <By Telegraph—pm-s* NAPIER, Saturday. In connection with the Privy Council earthquake decision It is understood that 20 fatal cases are concerned. The claims for injuries received are expected to reach 80 and the amount claimed totals £20,000; but this may be exceeded as an effort is to \ie made to lodge fresh claims. CONSOLIDATED APPEALS. FOUR DECIDED. INJURIES IN,NAPIER EARTHQUAKE. United Press Assn.—Elec. Tel. Copyr'.gn'. (Received July 29, 10.5 a.m.) LONDON, July 28. The Privy Council allowed four consolidated appeals from New Zealand Appeal Court judgments.— Brooker v. Borthwick, Ryan v. Borthwick, Prendergast v. Wilsons, Ashwell v. Brennan. It was held that the accidents on which the actions were based, which occurred , during the earthquake in February, 1931, arose “out of” the employment of the workers Involved therein, because they were injured by physical contact with a portion of the premises in which they were employed, or, as In Ashwell’s case, were injured while in the street in the course of their employment. The respondents are to pay appellants' costs.