LOSS OF FINGER

Bay of Plenty Beacon, Volume 2, Issue 155, 3 May 1940, Page 5

LOSS OF FINGER

CLAIM AGAINST CROWN DELIBERATE ACTION ALLEGED The loss of a finger by a labourer formerly employed by the Public Works Department on road construction was the subject ol a claim against the Crown, which was heard before Mr Justice O'Regan in tli)i Compensation Court at Hamilton. The suppliant, Roy Harold Stafford Cairns, of Edgecumbc, was represented I>3* Mr B. S. Barry < of Whakatane. Mr li. T. Gillies, and Mr JR. Fitz-Gerald appeared for the Crown.. In his petition of right, suppliant claimed a weekly payment of £3 9s 5d for the seven weeks he was incapacitated, £1 for medical expenses and further compensation for the loss of the finger. The Crown admitted the severing of suppliant's linger, but alleged that it was deliberate and self-in-i llictcd. c In evidence, suppliant said that as he had an axe poised above his head he slipped, and in order to recover himself placed his left hand on the stump. The axe camc down, cutting off the index finger. Another of the party engaged on the work, Pereival Larsen Charles Kreagher, gave evidence for the Crown that he was watching Cairns when he Avas by the stump. He said he saw suppliant place his left hand on the stump and cut one finger off, His Honor said the respondent had to satisfy the Court that Cairns had deliberately cut off his finger and the question was whether the evidence was sufficient to satisfy r, jury that Cairns' action was done with the deliberate intention of obtaining money. Decision was reserved.