ARBITRATION COURT

Dominion, Volume 12, Issue 140, 8 March 1919, Page 3

ARBITRATION COURT

;£SOO COMPENSATION. Judgment was delivered in the Arbitration Court yesterday by His Honour Mr. Justice Stringer in the ease recently heard of Matilda May Walker v. l'rank Penn, a olaim lor compensation' arising out of -the death of her husband, l'rank Walker. . . . The case presonted some unusual leatures. Tho deceased, it wiw said, wis a linotype operator employed, by, tho defendant Frank Penn, proprietor 01 the "Otaki Mail," and in. July last in the course of his employment ho tripped ana fell, striking his head against a brick wall. Walker immediately informed Lot lins, a fellow-workman, and as he was suffering much pain and dizziness and was unable to work, ho was taken home and put to bed. Dr. Hushvaite Was called in and he diagnosed the trouble as concussion of the brain. During the next three days—from July 16 to 19—Walker had complained of great piun and dizziness, on. occasions his eyes wjto rolling and his teeth .chattering, and he did foolish things, indicating a mind decidedly -unhinged. About mid-day uv July 19, Walker told his wife lie woiila go to the sea beach, some 1\ milfs away, to gather pipis. He never returned home, and on August 1G his decomposed remains were found floating in tho H aioliu River near the sea beach. A post-mor-tem examination of tho head revealed two clots of blood on the left side of the brain, no doubt caiised by haemorrhago consequent on the accident. Un September 16 the. overcoat and hat of the deceased were found by a Maori woman neatly folded and placed at the root of.a flax-bush on. the bank of the river. The, facts . were not -in dispute, and it i was contended by the plaintiff that the proper inference to be drawn was that tho* deceased had committed suicide during insanity , which had been brought about by the accidental injury to his brain. For tho defendant. it was contended that the evidence did not establish the insanity of the deceased, .and that tho facts „ proved were consistent with the accidental drowning of the deceased while.gathering pipis. The Court held that the evidence was i amply sufficient to establish the insanity of the deceased as a result of tho injury to his brain. This being so, the Court also held that there was a causal sequence of events —accident, insanity, suicide—and the plaintiff was therefore entitled to recover full compensation. Judgment was given for plaintiff for .5500, the amount claimed, together, with the sum of .eiß 10s. for funeral expenses, and costs ,£lO 10s., and witnesses', expenses and disbursements. At the hearing Mr. P. J. O'Eegan appeared for the -plaintiff, and Mr. T. Neave represented the defendant.-