COMPENSATION AWARDED

Dominion, Volume 32, Issue 157, 29 March 1939, Page 14

COMPENSATION AWARDED

Death Of Ship’s Nightwatchman

Compensation of £832, funeral expenses of £l4/7/-, ami costs of £l5/15/-, were awarded Gladys Leonard, widow, Wellington, by the Court of Arbitration in a reserved judgment given yesterday in tho case in which she sued the Union Steam Ship Company of New Zealand, Limited, for £lOOO comjjensntion. alleging that her husband. John Leonard, nightwatchman, aged about 60, died as the result of injury by accident'arising out of his employment by the company. The company admitted the accident, but denied liability on the ground that it. did not arise out of the employment. Mr. .1. S. Hanna appeared for plaintiff and Mr. C. G. White for defendant. Leonard left home about 5 p.m, on March 15, 103 b. Io keep watch on the Omitna, which he antieijiated would be in port about 6 p.m. He went up the gangway while it was being lushed. The chief olliecr called out Io Leonard to "get out of I hut.'’ When Leonard reached Ihe top of tile gangway he placed his hand oil the gangway door, which swung outward and caused him to overbalance and fall He received injuries from which he died. Delivering judgment, Mr. Justice O’Regau said (hero could he uo doubt (hat the proximate cause of the accident was the negligence of deceased himself in attempting to board the ship before the I gangway had been completed. ' It was clear, however, that his negligence could not have been the result of deliberation. Under the circumstances the Court must hold that the accident arose out of Ihe employment, and hence that the widow was entitled to compensation.