CASE WITHDRAWN.

Waikato Times, Volume 118, Issue 19637, 25 July 1935, Page 8

CASE WITHDRAWN.

COMPENSATION CLAIM. ARAPUNI LABOURER’S DEATH. DIFFERENCE IN STORIES. ' “ The story as told to me was much different from the evidence that has been given so far and I ask leave to withdraw my . case,” commented Mr P. J. O’Regan, of Wellington, in a case before Iho Arbitration Court, in Hamilton to-day. Mr O’Regan was representing Frances Ivy Welnoski, widow, of Arapuni who was claiming £674 4s from the Grown as a resiult of the death of her husband while at work at Arapuni. Mr Justice Page presided and associated with'him on the bench were Messrs A. L. Montieth and Cecil Prime. Mr H. T. Gillies appeared for the defence. The statement of claim showed that Joseph Martin Welnoski . was employed as a labourer by the Public Works Department at Arapuni and on Monday, February IS, 1935, he dropped dead at his work. At the time he was assisted in the work of straightening steel rails for which purpose he was handling an instrument known as a “ Jim crow.” It was claimed that the exertion incidental to his work. aggravated his weak heart and that caused his death.

Former Heart Strain.

The claimant in evidence stated that her husband suffered a weak heart about fio years ago when working for the Public Works Department ’in the Buller Gorge, lie was off work one month though he was ordered three months’ rest. About 18 months prior to his dealh her husband received an electric shock at the Arapuni works. His companion was killed b-ut lie did not have a day off work as a result of the accident. Thomas Brown, who was Welnoski’s •workmate on the day he died detailed to the Court the work that they were engaged in on that day.

Cross-examined closely by Mr Gillies, he said that for the first two hours they were engaged in clearing the edge of a “ tip pit ” of the loose earth that gathered on the top when the trucks were overturned. It was not hard work. They were then to be engaged on laying rails and while he was away for fifteen minutes Welnoski had nothing to do. On his return he placed the “jim crow” In position and Welnoski then bent slishtly forward, as witness thought, lo lift the. “jim crow” for witness to ■,place a block of wood . under it. However, Welnoski collapsed and died without touching the “ jim crow.”

Thought Doing Strenuous Work,

At this stage My O'Regan asked for leave to withdraw his ease. He said that he was told dial Welnoski was engaged in lifting heavy rails find other strenuous work but in view of the evidence lie had decided to withdraw from the ease. His Honour said he felt sure Mr O’Regan was taking the proper course.

Mr OilliCs stated that Welnoski was an old servant of the Public Works Department apd that was the only reason they employed him. They only placed him on light work. He had not been instructed regarding costs but the Department was sympathetic towards the widow and lie did not think that, they would press the question. The case was then struck out, Itis Honour reserving Mr Gillies the right lo.-apply' for costs if necessary.