ARBITRATION COURT.

Dominion, Volume 7, Issue 1906, 14 November 1913, Page 11

ARBITRATION COURT.

YESTERDAY'S SITTING.

COMPENSATION FOR WIDOW

Judgment was filed yesterday in the Arbitration Court by Mr. Justice Sim in a'caso in which compensation was claimed by tlio Public Trustee, on behalf of the widow of John Taylor, who was drowned in tho Huronm River, Canterbury, on Juilo 19, 1912, whilst employed i as farm labourer by Albert E. Denton, farmer, for whom Mr. M. Myers appeared. Mr. Maedonald, who »p----rjenred for the Public Trustee, had shown that deceased was a farmer in Scotland, and left for New Zealand in June, 1910, his wife receiving small sums from him.

His Honour, in giving judgment, stated it must be conclusively presumed that tho widow and two children w-ero dependent on the earnings of deceased, or that tho dependency was partial only. Tho money paid by deceased to his wife after his arrival iu Now Zea= land was riot sufficient to maintain her and the two children in Scotland, and sho earned money by working, besides receiving assistance from her elder children. That made it clear that tliero was only a partial dependency and tho compensation to bo swarded, therefore, was such as was reasonable and proportionate to the injury suffered lay the dependents. That sum was fixed at £120, to be applied by the Public Trustee for the maintenance and benefit, of the widow and two children, CITY COUNCIL CASE. Judgment was also filed in the appeal brought against tho City Corporation and by tho Inspector of Awards (Mr. It, T. Bailey) from a decision of the Magistrate's Court in au action to. recover penalties for alleged breaches -of the Wellington Carpenters' Award. Two workers named Maisey and Body were employed to do what was claimed to be carpenters' work and were paid Is. 3d. an hour, instead of 'Is. &{d., and Mr. Riddell decided that tho work was not carpenters' work and gave judgment in favour of tho respondents. His Honour, in upholding the appeal, said that the work in question was the erection of a large septic tank at Kaiwarra which was. being built in concrete,' tho two men helping to make j and erect the studding and boxing to* the concrete. The material used was rough undressed bearding, and each worker used a hammer, saw, and nails, which, His Houout hold, was carpenters' work. He held, therefore, that tho two men ought to have been psud Ib. 4Jd. an hour while on that work, but. as the caso was brought for the iaternrotation of the award no penalty was imposed and no order was, made as to costs. His Honour added: "It is desirable that tho decision in this caso will not apply to any work that is Usually done-by labourers, such as the making of boxing or hoarding for concrete in street channels and ot-lier similar work." Mr. O'Shea, City Solicitor, represented tho City Council, and Mr, Bailey appeared in person. THE WOODCUTTER. Judgment was filed by His Honour Mr. Justice Sim in the ease heard last week in tho Arbitration Court in. which Edward Botrioid, labourer, claimed compensation from Richard Acton Davies,' solicitor, of Taihapo, for injuries sustained while engaged in wood-chopping ! on defendant's property.' After work-■ big fivo days a. mishap occurred by which Botrioid received injuries that resulted in his losing the sight of his, right eye. _ The first question to be determined, said His Honour, was wb.iatb.or the work; in which the plaintiff was engaged was! one of the occupations mentioned in the first sohedule to tie Act. One of these : was- "the cutting; of standing timber, including the cutting of scrub and clear-; ing land of stumps and logs." It was contended by plaintiff's counsel that the 'work in which the plaintiff was engaged was that of clearing land of Stumps and logs. It appeared from the evidence that a contract for clearing the laud had been let to a Mr. Guthrie, m August, 1912. His contract was to stump,' and log, and burn off. It wag timber left by Guthrie for firewood that the plaintiff was employed to cut up. It appeared to tho Court that when ] tho burning had been finished by the defendant, tho operation of clearing the of stumps and logs was then complete; The cutting of the firewood into suitable lengths for household use was j merely a domestic operation, and wa-s not incidental in any way to the work of clearing the land, lie position was iust the same as if the plaintiff had been employed to cut some firewood which the defendant had bought from his coal merchant. The plaintiff had failed, therefore, to establish thathis occupation wits one of those specified in the first schedule. Tho fact that some of the firewood was used in the defendant's office did not make_ the nlaintiff's work-ail employment in or for the purpose of tho defendant's business as a solicitor. The case, therefore,' did not come within the terms of Subsection 2 of Section 3 of the Act, and the plaintiff was not entitled to recover any compensation. Judgment was accordingly entered for the defendant. Mr. P. J. O'Rcgau appeared for the plaintiff, and Mr. C. B. Morisan, K. 0., and Mr. T< N. Holtnden for defendant.