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TWO COMPENSATION CLAIMS

A CASE HEARD IN THREE COURTS PINAL JUDGMENT GIVEN FOR PLAINTIFF i settlement has been reached in tho compensation case brought by George Ilodell, of Wellington, against William. Cable and Co-,.Ltd,, in which the plainlift' claimed the sum of .£SOO, with .£27 10s. Itinera! t-xpensM, as tni; result of the accidental death of Thomas Henry Whitley, while in tlio employ of the defendant coinpnny. i In the firet instance, on November 20, 1919, the widow of the late Mr. Whitley commenced an action for .£ISOO damages against the Shaw, Sayill.-and Albion Compa ny, tho owners of .tho vessel on which her husband had. been employed at the time of the accident. However, before the case could be tried tho plnintitt' dirii, and at tJtnt ri:)'e. there boinjj no other entitled to sue for damages independently of tha Workers' Compensation Act:, the ' litigation abnted by operation of tho law. Subs»'(|\i?ntlv, the pnwi'iit. clnimti".', Bntlell, obtained indministration of' Mrs. Whitley's estate, he being her father, and commenced an action in the Arbitration Court against tho employers of the deceased husband, on the ground thnd he (Ilotlell) held a right of compensation which accrued to him as a right whioh li'id lioen vested in hi>< dnugnter. His Honour Mr. Jlistico Stringer referred tlio litigation to tho Court of Appeal to decide whether the plnintiff was entitled to recover the compensation' to which Mrs. Whitley would hnvo been entitled , had she lived. , _ Following the. decision of the Chief Jy.sticc (Sir lio'bort Stout), Mr. Justice Edwards, Mr. Justice Cooper, Mr. Jitstico Chapmnn, nnd J[r. Justice Herdnian, tlio case again came 'before tho Arm (.ration Court yesterday, Mr. Justice tiiringer presiding. O'Kcgan appeared for tho plaintiff, and Mr. C. H. Trendwell for the defendant company. It was stated ny counsel for the plaintiff that the father, as administrator of the estate, tvjis now entitled to sue for compensation although he was not a dependant of the original plnintiff. The provisions .of soction-59 of the.lndustrial Conciliation and' Arbitration Amendment Act had been complied with. Mr. O'Uegnn quoted a case in which a miner had been killed in an English colliery, and his only relative died before any claim had 'been made. Other parties commenced litigation, and i the Iloiiso of .Lords supported their claim, maintaining thnt the ha mlity existed "as from "the time of injury, as a debt and preferable among debts: nnd a present right vested in the dependant even although ho had made no clnim." - Judumient Wjw given for the plnintiff for'.£soo compensation and £23 13s. ex.. penscs incurred by tho' plaintiff 0/3 a result of the death, but 110 decision was made ns to costs. At- tho conclusion of tjie case, Mr. Trendwell remarked that the clnim was a "legal, but not a moral one. ." =£■">OO I'Oll A WIDOW. | Another compensation case was also dealt with bv tho Court yesterday. Margarer Elizabeth Manson, for whom Mr. I'. J. O'llegan appeared, sought from Jory, nnd M'whannel. engineers,! of Wellington, tho sum of .£SOO, compensation for the death of her husband, Robert M'Kay Mnnspn, the caso being brought under the Workers' Compensation Act. "Mr. Hay appeared for the defendants. Tho cause of death, it was stated, was nn injury to MitDjon'y hand while working at his trade on lOl.fi. Torch, from which a 'bruise was followed by septicaemia. The plaintiff had been entirely dependant on her husband. Judgniont was given, by consent, for the plaintiff for ,£SOO, with expenses j!2l 6s. fid.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19201207.2.7

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 14, Issue 62, 7 December 1920, Page 3

Word count
Tapeke kupu
580

TWO COMPENSATION CLAIMS Dominion, Volume 14, Issue 62, 7 December 1920, Page 3

TWO COMPENSATION CLAIMS Dominion, Volume 14, Issue 62, 7 December 1920, Page 3

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