INJURIES & CLAIMS.

Dominion, Volume 6, Issue 1774, 12 June 1913, Page 9

INJURIES & CLAIMS.

HARBOUR BOARD TO PAY £500. OTHER CASES. THE NOKTHIvAND EXPLOSION. Mr. Justice Sim presided at tiio sittings of tho Court of Arbitration, which commenced in Wellington yesterday. Sitting with him as assessors were: Mr. William Scott (employers' representative) and Mr. J. A. M'Cullough (employees' representative). Preliminary business consisted of fixing the order of cases. Two compensation cases—tho Public Trustee v. M'Mohon, and the Public Trustee v. Denton—were adjourned until the nest sittings in order that evidence might be obtained from England. Another case, adjourned until the next sittings, iyas the action for alleged breach of award, Bolland v. tlifl Wellington Woollen Company. In connection with the Match Factory workers' dispute and the marine engineers' dispute, the parties submitted terms that had teen agreed to. The Court will mate awards in duo course.

™ Applications were granted to add parties to the Boot Trade Employees' Awards (males and females), and to the Drivers' Awards. THE HARBOUR BOARD TO PAY. WIDOW RECOVERS J£soo. Liability was admitted in the compensation case in which Margaret Clatworthy sued tho Wellington Harbour Board to rocover tho sum of XSOO as compensation, and i 612 3s, 4d. as funeral expenses. Claimant is the widow of the lata Matthias Cl'atirorthy, who was * labourer in tho employment of the Harbour Board. He mot his death as the result of an accident on March 6. His average earnings were set down as lis. id. 2 day. Judgment was entered for Mrs. Clatworthy for the amount claimed, the Court ordering that the amount should be paid to the Public Trustee. Mr. P. J. O'ltegan appeared for Mrs. Clatworthy, while Mr. C. H. Izard appeared for the Harbour Bonrd. OTIRA TUNNEL. FATAL ACCIDENT RECALLED. Another compensation claim, in which liability was admitted, was that of tho Public Trustee v. John M'Lean and Sons, Ltd. The action arose out of the death of Lawrence Cogle, miner, of Bcaly l r lat, Canterbury. Deceased had been employed by M'Lean and Sons on the tunnel works at Otira, and his average weekly earnings were ii 3 3s. lOd. He died on August 19, 1912, as the result of an accident, and the Public Trustee now sued as administrator of his estate. It was mentioned that the Public Works Department had taken over the defendant company'# work at the tunnel, *nd also the liability. Judgment was entered for the Public Trustio for JM97 18s., together with seven guineas costs. Mr. J. W. Macdon»ld, lolicitor to the Public Trust Office, appeared for tho Public Trustee, while Mr. D. S. Smith appeared for John M'Lean and Sons, Ltd. THE NORTHLAND EXPLOSION. UNUSUAL CLAIM.

A fat«l explosion, ■jrhich oceurrcd in ft quarry on the west side of the Tinnkori Hills, just twelve months ago, was reoallod! By a componsatioa easo heard in the Court of Arbitration yesterday. The plaintiff in the action was tho Public Trustee, as administrator 'of the estate of Timothy John Seville, deceased, and the defendants wore the Kohatu Quarry Company. Mr. J. W.- Macdonald, solicitor to the Public Trust Office, appeared for the Public Trustee, while Mr. A. A. S. Menteath appeared for the defendant company. It appeared that Noville had for sumo years been in the employment of the defendant company. As working foreman of thoir quarry, situated near Northland, jfc was part ot his duty to attend to tho explosives, which were stored in a small shed or office near the' quarrr. On Satnrday, June 1, 1012, he had obtained leave of, Absence for the purpose of being married, and he had actually arranged to be married on the following 'I'ueedaj. On the 'Saturday morning on which lie was to finish work, two terrific explosions occurred ot the quarry, and as a result Neville was killed almost instantaneously. The girl to whom it was alleged he was to havo been married gave birth to an illegitimate child in December last. It was alleged that this child was a dependent of the deceased (Neville), and oh that ground.the Public Trusteo sued the defendant- company to recover the sum of XSOO compensation. It was enbmittcd'that the questions for the Court to determine came under three heads: (1) Did the deceased meet his death by accident? (2). Did the accident arise out of, and in the ordinary course of, his employment? (,1) Was fie tho father of this child ?

Mr. Menteath raised a nreliminary objection that tho Court had no jurisdiction to hear the case, involving, as it did, a question which was in reality ono of paternity and maintenance. A _ 6pccial Court had been provided to deal with such eases, and, from it, an order could be obtained against an estate only if proceedings were taken within, six months of tho granting of letters of administration. His Honour was of opinion that the Court had jurisdiction to determine tho question of paternity. _ Ho pointed ■ out that, in regard to tho time limitation, the action could not have been commenced beforo the child was born, as tha child was not a dependent until it was born (December IC, 1912). Several witnesses were called in support of the Public Trustee's caso, but no evidence was tendered by the other side, Mr. Menteath contenting himself with addressing tho Court. After hearing argument his Honour intimated that the Court would take time to consider its decision.

BUTCHER'S PAY & INJURY, WHAT COMPENSATION? An accident, which occurred on January 13, 1913, resulted in John William Wright, butcher, of Wellington, proceeding against tho Wellington Meat Export Company to recover compensation. Air. P. J. O'Eegan appeared for Wright when the case came betore tho Court of Arbitration yesterday, while Mr. A. W. Blair appeared for the Wellington Meat Export Company. It' was admitted that at the time of the accident Wright was in the employment of tho Wellington Meat Export Company, and had been in such employ for a period of two weeks. By reason of the injury, Wright had been totally incapacitated for a period of four woeks. In the two weeks of his employment his earnings had been upwards of Xl 3, and he therefore claimed compensation on tho highest scale —X 2 10s. per week —together with m«lical expenses. The Wellington Meat Export Company denied that Wright was entitled to compensation at the rate of £2 10s. per week. Tho company was, however, prepared to pay him compenwt-i-ion at tho rara of -CI Si 9d. per week," and an offer had been mado on this basis. The company further paid into Court the sum of i:G 155., ueing compensation- for four weeks at Jil Bs. 3d., and medical expenses i!l. _ Argument on the point in dispute was taken befors ths Court yest«rday afternoon. The Court received decision.