HURT IN A CITY HOTEL.

Dominion, Volume 3, Issue 656, 5 November 1909, Page 8

HURT IN A CITY HOTEL.

. . ',;,., CLAIM ; (vPR :£iM(3r ■'. '' ;■ ' .". the Arbitration Gjnrt sittings .commented yestoday lfr/"justiee Siin .did Messrs. \V. bcott: (employers'-representative) ■ and ■ J.- A. M Cullough,(workers' rGpresentative/. . . • ■ Ah , action'was brought'by John H. W. J.-T, Johnson, boilerman, against John H, Fairbairn, hbtelkoeper, Lambtpn Quay.' claiming tornpensa.tipu- for total incapacity, caused through an injury to his spine. She claim set out that, while engf^edin switching on the light at the New Occidental Hotel on November 10, 1908 claimant fell from * ladder. The fall, he »U leged, had been caused'by the ladder not b<j'fa? £f wit 'bad employed h?m lor ten weeks, his earnings beinif £1 *s 8d addition to hisTeeop. Npfe of a/ :* 1 ° n n K beE B? rt f u J f< verbally, but hi ' t! C 6 bcea serv6!i ' as claimant •had been m hospital up to the time of bringing ;th© aotipn on Februay 2, 19Q9 . ur "?e"-g ';,% ™rdman appeared for claimant;, and Mr. Slenteath for respondent; .-.■•... : Herbert stated in evidence that claimant was suffering from; spinal concussion, rigiditv, 3Sth ? f th 6 spine, Bo c&qft not Siy whether the injury was .caused to the coneustroubuf - Su P e "«ne4 on an old ; tubercular s€a£ed that he had treated otamant); an able-bodied seaman on the h! h^H^i^f o*'0*' f e i g^n 7!? nihs Awards ntwi■■"? ln iJp ated fe m - /CUimant was in a <M ? dltl0 !> on Mh occasions, he. again examined Mti; and d'd In cdnrse of sis to twelve .in reply to_a question from his Honour, witness stated that he had seen claimant a fortnight ago, and he was still suffering from sovere nervous prostration,. attributable to the accident. •." ~ \ .. / : ■ ,\ , Dr. Qilmer stated that he saw daimant on tho previous day, and found him suffering from severe of ; the, spine and- thickening «<ge spinous processes* He typnld not like to ventarean opmipn. as to when claimant would ■be fit .for. work again. .'-■'• ; ,; ~E ? ^n i? ': , f W Mr. Herdman, claimant stated that he ship's hold in 1901 at East London, .South. Afocca, and was laid up from' seven.to.nine weeks; liihce the&Ke haa been at sea-WE, and bn till 1905. He'served in the ■Eoyal .Naval , Eeserye, and before joining'had' been .examined by a mediqar man. When the accident happened on the morning of Noveta' ber_ 10, im he went o? a iniider sdme β-or 15; feet toipiit the dynamos, in order and switch on the batteries. .As ho came down, the laddermust have, received 'a shake; and slipped from , under him. H? felldwiii and his back struck the ledge of the window. 'Hβ had!not been able to , dp.any workvsince* ■;• This concluded k the evidence ior- the plaintiff. . ■.■■'.■.' ■■' ■' * - ' ' l ■ ■•'J. H. iPairbairn,: respondent stated-that he, was licensee of ffie. New :Odcidental Hotel. He often noticed 'claimant having a hafld on his hip;- and nis. head oh one side, when he first came'.to. him., Claimant also seemed to walk ■rather dowly.. ■'. ,' " ■■-, ■.. ... ■'•[ Dr.; Eaul.kS:-.stated.that .claimant, was suffering from no ailment,;that he was a malingerer, and-that when admitted ti> the'hospital he was in'a cpnditi.oh tp'work. .'" ■■-,• ' v - ■ :;■' : ' Dr.'Eivsrt , gnye : 'evidenco; to thp effect thaV the condition lii, which'the man is at present was-due to: sonie- old, longstanding cqmplainti Eyi.de.nce in .the cage was alsoi given by Drs. Smith, and' Brovrn. .."'. ■ . - ' The Gpiirt gave judgment in favour of the p-amtiffi allowing. , him *£i per week,, being hil'f his average weeiTy earjiings, resemng the, right to tto. defendant to apply for a variation- of theorder uilder the Existing-law. Plaintiffi wasal-. lowed iSIO i 05 . , ., costs, witnesses' expanses, and , diehursemerijSi'.tti be'settled by, tho tegistfar.,-, ■'