COURT OF ARBITRATION

Dominion, Volume 8, Issue 2273, 6 October 1914, Page 9

COURT OF ARBITRATION

INTERESTING JUDGMENT. The judgment of the Court of Arbitration has been filed in the case of Harry Hodge v. the Alton Co-operative •Dairy Factory Company, Ltd., heard in Wellington some little time ago. The plaintiff was the father of Kred Harry Hodge, a former employee of the defendant company, who, in the course of his employment, met with an accident as a consequence of which he lost'the lower part of his right arm. . While in the hospital ho contracted typhoid fever, of which he died. Tho company paid the amount due under the Act in respect of the total incapacity' of the deceased up to the time of his death. The plaintiff claimed also compensation •for the loss of his son's arm, contending that ihe right to compensation was a vested right, transmitted to him asadministrator of his son's estate. The Court held that the deceased had not an absolute under tho second schedule of the Act,J;hat the right to the' weekly recurring" payments ceaeed owing to the death of the deceased, tuatthere had been no commutation of such payments, and that a,s there was now'no person capable of ,-making application for euch commutation, the plaintiff was not entitled to recoveryAt the hearing, Mr. C: B. Morison, K.C., with Mr. P. B. Cooke, appeared for the plaintiff, while Mr. P. J. O'Regan appeared for the defendant company. ; .