ARBITRATION COURT.

Press, Volume LX, Issue 18235, 20 November 1924, Page 5

ARBITRATION COURT.

CLAIM FOR COMPENSATION.

At the Arbitration Court' yesterday, William Clark Burns, -a labourer, of Christchurch (Mr C. S. Thomas) proceeded for compensation against William Bryden. contractor, of Culverden (Mr W. J. Hunter). His Honour Mr Justico Frazer presided. Mr Thomas said that tho accident •happened at Waikari. The claimant v.'aa engaged cutting twino from the sheaves for feeding into a threshing machine Ho had accidentally driven a knife into tho left .breast above the heart. Ho had reported to tho man in charge of tho plant, who had told him to ceaso work until the wound was attended to. Plaintiff washed tins wound and painted it with iodmo. He thought at the time that. tho wound was not a serious one. Bryden drovo him to Waikari to have tho wound ■ dressed, when it was found that tho wound was moro serious than it seemed to be. Later, ho went back-to work, but. the wound becaino troublesome and ho had to go into the Christchurch Hospital, where tho wound was operated upon, and the claimant had suffered considerable pam. Ho had had to "lay off" work for scino time, in consequence of tho wound. Tho claimant, in evidence, stated that ho went to work with Bryden in February at Waikari, and was engaged to fork. Ho cut sheaves into tho feeder with a clasp knilo. As he was doing that, lio was struck on the elbow with another sheaf ai.d tho clasp knifo was driven into his chest. Witnsss lold Bryden about tho accident that jr.ight, but Brydeu said it wa« a mere nothing, The wound healed in a few days. Ho went back to work, but hi May he * had to go into hospital, .where- he was operated oj. Ho was discharged in Juno. He waß then an out-patient at tho hospital, and later had to havrt an X-ray examination. Ho was finally discharged in August. At tho present time h'j still had considerable pam m the chest. Brydeh paid him 2a an hour and found. His weekly earnings were about £i 14s, less time eff for wet weather. Tr Mr Hunter: The injury was the wiaV-i of the knife, which went straight in. The wound bled profusely, but ho could not swear if it -had gone to the bono. When he returned to Christchurch ho had to lay up" until March 17th. The wound was catching bis breathing and was very painful, especially when he raised lus armi. After ho started work he noticed a lump on the bone. This brok-a about. May 20th, when lie went into hospital. E-videnco was given on behalf of tho claimant- by Dr. C. H. Gould, Dr. H. 1. D. Acland, and Alexander Johnson, who was in charge of tho mili at the time ot tho accident. Mr Hunter claimed that no notice of the accident had been given. If that had been done, the wound could probably have been watched and tho trouble would have .been nipped in the bud. It was the claimants duty to have notified the injury and cspeciallv the occurrence of tho lump, ko that the trouble could bo immediately seen William Bryden gave evidence to tho effect that, on tho night of the accident, Burns said nothing to witness about tho matter. On the following morning, Burns told him lie was going away to Christchurcn. He had injured himself with a, knife, and desired to go to Christchurch, where lie would gat an easier jib. Burns showed him tho wound, which was apparently a small one about half an inch long and was only a, red mark. It was only a scratch. Johnson had not reported tho injury at all » him, either on the same night or the following morning. Medical evidence was sriven by Urs. If. S. Fester and John Guthrie. In giving judgment, his Honour said that the medical witnesses differed as to whether the sinus was caused by tubercular infection. The evidence pointed to the fact that the subsequent complications were caused by the infection of tho wound at the time of its occurrence. Ho could not sec that there was any prejudice to defendant on account of there being no written notice. Judgment would be for the claimant for the sum of £2 ISs a week for the t-imo during which ho had not been working from the dato of tho accident up to the present time; with, the addition of ±'l Is medical fees arid costs of tho action.

.A SEAMAN'S CLAIM. Edgar Sowden, a seaman residing at Lyttelton, sued the Cnion Steam Ship Company of New Zealand, Limited, for damages in respect of injuries received while wonting in the Karori. Mr W. J- Hunter appeared for plaintiff \ni Mr H. J. Beswick lor the defendant company. . d Plaintiff, in his statement of claim, said that on February 15th he fell from the mast of tho Karori, striking his head on a wincJi on the vessel's deck and causing injuries to his head. He had been unable to return to work since and he claimed that he would not be able to work again. Ho had earned aT average weekly wage of «1» U"d the company had paid him £2 17 % e d, * week, approximately 68 per cent of his ""vh- earnings, from the date of the acciffXSl October SOth. Plaintiff claimed that he had been permanently disabled *nd ho asked for compensation under

j ■{ho- Act as the Court might deem him eu- | titled to and costs and suck other relief | aa tho Court thought fit. The company admitted that plaintiff had suffered injury but denied that tho effects of such injury would be permanent. After hearing medical and other evidence, the Court made an order for a weekly payment to ho niado to plaintiff from the data of tho last payment at tho ra.'.o of £2 17s Od a. week, to bo continued until that order i was superseded. Plaintiff was allowed costs and witnesses' cxpenssa. For the ■ defendant company, it was stated that in the event of plaintiff wishing to return <io his relatives in England, the company would pay Ijim a' lump sum in lieu o£ weekly payments, and, if necessary, tho question of tho amount would "bo referred to the Court for settlement.