COURT OF ARBITRATION.

Dominion, Volume 5, Issue 1412, 12 April 1912, Page 3

COURT OF ARBITRATION.

NAPIER CASE. WIDOW'S'COMPENSATION. IMPORTANT DECISION. An interesting reserved judgment of the Court of Arbitration was filed yesterday with the Clerk of Awards (Mr. E. Stocker). It was in connection with a compensation claim—Grace Holland 'v. Richardson and Co., Ltd.—heard by the Court at Napier on March-27. Plaintiff is the widow of Sievort, Holland, niaMti of the lighter Moa, who was accidentally drowned at Port Ahuriri on the morning of July 27, 1911. Defendant company are the owners of the lighter. . At the hearing Mr. H. B.Lusk appeared for Grace Holland, and Mr. J. If. Reed, of Auckland, for Richardson and Co., Ltd. It appeared that it was one of the duties of deceased (o visit the wharf every night to inspect the lighter, and see that it was properly moored—a duty that he usually performed shortly before going to bed. Plaintiff alleged that, the deceasmet his death while performing this duty, and that his death was caused, therefore, by an acident arising out of and in the course of his employment. On the'night of July 2G, which was dark and stormy, (ho Moa was lying beside the wdiarf iii tho Iron Pot at Port Ahuriri. About 11 o'clock that night, deceased loft his home and went on board the steamer Rum, which was lying Wide the same wharf as the Moa, at a spot distant about HO yards from (he place where the lighter was lying. Between midnight and ono o'clock he left tho Kuril, saying he was going home. He was seen walking along the wharf in tho direction of the .Moa, but nothing more is known of his movements, as he was not again seen alive. On July .11, deceased's body was fonud in the Iron Pot, within a few yards of where the Moa was lying on July 2G. On these facts Hie Court was invited to conclude that tho deceased had gone lo pay his usual visit of inspection to the lighter, and that while there he must, havo accidentally fallen into tho water. Tho question to be determined was whether tho facts justified tho Court in drawing these itferences. . In giving judgment nt tho Court, his Honour (Mr. Justice Sim) said:—"lt is admitted that the drowning must havo been accidental, and, if the facts justify such an inference, the Court is entitled to conclude that the accident arose out of and in the course-of deceased's employment, although no human being was present whn can givo direct evidence how nnd when I he accident happened. It seems highly probable that when dc-eased left the Ruru and went info.the direction of the Moa. he intended to visit tho lighter. The night was stormy, and, naturally, Hie deceased would desire to see that the lighter was pronerly secured. If he had intended to go home, without visiting flic lighter, ho would not have taken, we think, Hie road he did lake." The Court concluded that fhe deceased did intend to visit the.lighter on the way home. Was there any evidence, then, from which if might be inferred that he reached fhe lighter? In view of the (rnfimniir of two witnesses, the Court inferred that deceased reached the scene of his duty, and fell into the wafer while going to the edge of tho wharf to inspect tho lighter or to make some adjustment in tho moorings or to lwnrd the lighter, or while doing something on tho lirrhtcr in connection with Hie moorings. It was not necessary fo come lo any definite conclusion a.s 'ii the exact manner in which Hie deceased met his death. It was sufficient if (lie proved facts mad' it probable Ihal '.he do-f-ea'T-d met his deiijh in one of the ways indicated. In arriving a( a conclusion the Court was not entitled to resort (o mere surmise or conjecture, but might ireijh, probabilities, if the. proved facts

furnished material sufficient for that purpose. The Court hold that in the present ease (hero «ero such materials, nnd that the plaintiff was entitled to recover 'compensation; Judgment was accordingly entered for .£SOO (as tlio average weekly earnings of deceased wero iiD 175,), with costs <£12 12s. and disbursements and witnesses' expenses. Of this .£SOO, tlio sum of .£IOO is to be paid !o the plaiutifl.for her own use and benefit, and the balance is to be paid into tlio Court to abide the further order of the Court.