COMPENSATION FOR WIDOW

Dominion, Volume 14, Issue 23, 22 October 1920, Page 9

COMPENSATION FOR WIDOW

RESULT OF ACCIDENT IN SHIP'S HOLD

CASE HEARD IN THREE COURTS

Judgment lias been delivered, by the Arbitration Court in the caso of Elizabeth Emma'_ Rendford against tho N,ew Zealand Shipping Company. The case followed an accident on the ship Ayrshire, which resulted in the death of ouo of a gang of men, Walter Readford. Tho plaintiff, who was the widow of Readford, 6ued the owners of tlie ship for damages, and obtained a verdict for *61800 in the Supremo Court at Auckland in February last. On furtlwr consideration, however, the plaintiff was nonsuited .by His Honour Mr. Justice Chapman, and the case ultimately was Bent to thtf Court of' Appeal, wliicii also decided ngaiust the plaintiff, After this, proceedings were taken against the Jlew Zealand Shipping Company under the provisions of tho Workers' Compensation Act.

The history of the case showed that Readford had been found unconscious at the bottom of No. 5 bold on the ship, the hold having previously been worked. Deceased had boon engaged on No. 4 hold at the time of the accidcnt. Ac.cees to No. 4 hold was usually obtained by a ladder from the main ' deck, but several of the workers preferred to descend by a staircase leading from the main deck to No. 5 shelter deck, and thenco to the ladder at No. 4. The defence made by the company was that deceased had not mot his death by an accident arising out of his employment, but owing to an addftd risk, lie having refrained from using the fixod ladder referred' to. ~ ~ , The Court holds that the accident, although "close, to the borderline,'" arose out of the employment, inasmuch as thie men habitually used, the companionway, nnd w.;re not forbidden 'by anyone in authority. . . - In this case ti)iero was an important distinction _ between "added" risk and ."increased" risk. The deceased may have been negligent and Way have added to tho risks concurrent with his employment,' but the accident occurr(sd whilo he was doing ail act thathad been done previously by himself and others, and which was not forbidden. As deceased's coat wag found in No. 5 hold, the inference that he by the referred fco to obtain, his coat-was justilifor the widow was entered for <£500 compensation, with funeral expenses, .£ls las. costs., and witnesses f The defendant company was represented bv Mr. H. P. Richmond, and Mr .P. J. O'Regan appeared for the plaintiff.